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No. 05-14-00675-CV

IN THE 

COURT OF APPEALS FOR THE FIFTH 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 Law No. 4, Dallas County, Texas 

Cause No. CC-11-00751-D 

The Honorable Ken Tapscott, Presiding Judge

______________________________________________________________________________ 

JOINT MOTION FOR EXTENSION OF TIME TO FILE MOTIONS FOR REHEARING 

______________________________________________________________________________ 

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

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 8/31/2015 4:06:42 PM LISA MATZ Clerk
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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 and both parties’ experts in	Cause	No.	DC‐13‐08521,	in	

the	91st	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	261st	Judicial	District	Court	of	

Travis	County	on	August	24,	2015;	and mediation in	Cause	No.	DC‐13‐08521on 

August 27, 2015. 

 In addition to the above-listed deadlines, 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 421st

Judicial District court of Caldwell County; summary‐judgment	 responses	 on	

September	 2	 and	 4,	 2015	 in	 Cause	 No.	 DC‐13‐08521,	 along	 with	 summary	

judgment	 hearings	 in	 that	 case	 on	 September	 7	 and	 9,	 2015;	 depositions	 of	

four	deponents	on	September	3	and	September	10,	2015	in	Cause	No.	D‐1‐GN‐

11‐3133;	 and	 finally,	 a	 preferentially‐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	 rehearing	 to	

analyze	 and	 draft	 a	 response	 to	 two	 weeks	 before	 Appellants	 receive	

Appellee’s	motion	for	rehearing.	
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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, 

DUGGINS WREN MANN & ROMERO, 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 Ciechanowicz | SBN: 24045659 

aciechanowicz@dwmrlaw.com 

Attorneys for Appellees 

and 

HAWKINS PARNELL THACKSTON & YOUNG, 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 Appellants 
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CERTIFICATE OF SERVICE

 I certify that on August 31, 2015, I served a true and correct copy of the 

foregoing document via email to: 

 Robert B. Gilbreath 

 HAWKINS PARNELL THACKSTON & YOUNG, LLP 

 4541 Cole Avenue, Suite 500 

 Dallas, TX 75205 

 rgilbreath@hptylaw.com 

 

 Attorneys for Appellants 

 

 /s/ William P. Johnson 

William P. Johnson