1 No. 05-14-00675-CV

IN THE COURT OF APPEALS FOR THE FIFT H DISTRICT COURT OF TEXAS AT DALLAS

Roscoe F. “Trey” White, III, and

White Ventures Energy, LLC, Appellants,

v.

Michael Pottorff and Monica Fabbio, derivatively on behalf of Investors Group, LLC f/k/a WE Investors Group, LLC Appellees Appeal from County Court at La w No. 4, Dallas County, Texas Cause No. CC-11-00751-D The Honorable Ken Tapscott, Presiding Judge

______________________________________________________________________________ J OINT M OTION FOR E XTENSION OF T IME TO F ILE M OTIONS FOR R EHEARING

______________________________________________________________________________

The deadline to file Motions for Rehearing is September 2, 2015. The parties request a 14-day extension of time , until September 16, 2015, to file their motions. This is first request for an extension. Appellees need additional time because their counsel have had and will have

several deadlines in other matters which coincide and interfere with Appellees’ ACCEPTED 05-14-00675-CV FIFTH COURT OF APPEALS

DALLAS, TEXAS 8/31/2015 4:06:42 PM

LISA MATZ CLERK2 current deadline. Since the opinion was issued on August 18, 2015, Appellees’ counsel have had the following deadlines : preparing for, taking and defending depositions of defendants a nd both parties’ experts in Cause	No.	DC‐13‐08521,	in

the	91 st Judicial	District	Court	of	Dallas	County on August 18, 19 and 20, 2015; a deposition in Cause	No.	D‐1‐GN‐11‐3133,	in	the	261 st Judicial	District	Court	of Travis	County	on	August	24,	2015;	and mediation in	Cause	No.	DC‐13‐08521 on August 27, 2015.

In addition to the above-listed dead lines, Appellants’ counsel are scheduled for the following during the remainder of the time left to file the motion for rehearing: mediation on September 1, 2015 in Cause No. 14-O-018, in the 421 st Judicial District court of Caldwell County; s ummary‐judgment	 responses	 on September	 2	 and	 4,	 2015	 in	 Cause	 No.	 DC‐13‐08521,	 along	 with	 su mmary judgment	 hearings	 in	 that	 case	 on	 September	 7	 and	 9,	 2015;	 depo sitions	 of four	deponents	on	September	3	and	September	10,	2015	in	Cause	N o.	D‐1‐GN‐ 11‐3133;	 and	 finally,	 a	 preferenti ally‐set	 jury	 trial	 in	 Cause No.	 DC‐13‐ 08521beginning	on	September	14,	2015. Appellants	request	the	same	extension	so	that	they	will	not	be placed	at a	 disadvantage	 by	 the	 Appellees	 having	 Appellant’s	 motion	 for	 r ehearing	 to analyze	 and	 draft	 a	 response	 to	 two	 weeks	 before	 Appellants	 rec eive Appellee’s	motion	for	rehearing.3 Prayer Based on the foregoing, the parties request that the Court grant their request for a 14-day extension of time to file their motions for rehearing. Respectfully submitted,

D UGGINS W REN M ANN & R OMERO , LLP P.O. Box 1149 | Austin, Texas 78767 512.744.9300 (tel.) | 512.744.9399 (fax)

By: 

### /s/ William P. Johnson William P. Johnson | SBN: 24002367 bjohnson@dwmrlaw.com Adrian Ciechanowic z | SBN: 24045659 aciechanowicz@dwmrlaw.com Attorneys for Appellees

and

H AWKINS P ARNELL T HACKSTON & Y OUNG , LLP 4541 Cole Avenue, Suite 500 Dallas, TX 75205 214.780.5114 (tel.) | 214.780.5200 (fax)

By: 

### /s/ Robert B. Gilbreath Robert B. Gilbreath | SBN: 07904620 rgilbreath@hptylaw.com Attorneys for Appellants4 C ERTIFICATE OF S ERVICE I certify that on August 31, 2015, I served a true and correct copy of the foregoing document via email to: Robert B. Gilbreath H AWKINS P ARNELL T HACKSTON & Y OUNG , LLP 4541 Cole Avenue, Suite 500 Dallas, TX 75205 rgilbreath@hptylaw.com Attorneys for Appellants 

### /s/ William P. Johnson William P. Johnson