No. 12-15-00219-CV

In the Court of Appeals

Twelfth District of Texas at Tyler

MJS and Associates, L.L.C.

Appellant

v.

Judy Master, RN and Matthew Master

Appellees

Appeal from the 145th Judicial District Court

Nacogdoches County, Texas

Cause No. C127910, Hon. Campbell Cox, II, Presiding

MJS’s Unopposed Motion to Extend Time 

for Filing Appellant’s Brief

I. Introduction

Under Texas Rule of Appellate Procedure 10.5(b), Appellant MJS and 

Associates, L.L.C. requests a 3-week extension of time in which to complete 

its appellant’s brief in this case, making the brief due on November 19, 

2015. This motion is unopposed by the appellees.

II. Rule 10.5(b) Requirements

A. Current Deadline

The current deadline for MJS’s appellant’s brief is October 29, 2015. 

ACCEPTED

12-15-00219-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

10/16/2015 10:00:46 AM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 10/16/2015 10:00:46 AM PAM ESTES Clerk
MJS’s Unopposed Motion to Extend Page 2

Time to File Appellant’s Brief

B. Extension

MJS seeks an extension of 3 weeks, until November 19. MJS has not 

requested any previous extensions for this brief. 

C. Reasonable Explanation

This appeal involves a novel, important, and complicated legal issue 

that will require additional time to sufficiently research and brief. The issue 

is whether an employee may use her employer’s proprietary and 

confidential information in a qui tam action against the employer’s client, 

which is a question of first impression in Texas and perhaps the nation.

Additionally, numerous competing projects with prior deadlines have 

taken and will continue to take lead counsel’s time in addition to the 

ordinary press of business:

• Assisting with numerous post-judgment motions in Case No. 

10-CV-0990-A, Lindstrom Cleaning and Construction, Inc. v. 

Betzler Investments, LLC, in the 122nd Judicial District of 

Galveston County, Texas. Final judgment was entered in that 

case on September 2, and post-judgment motions were due on 

October 2.

• Drafting the reply brief in Case No. 15-20260, Rasheed al 

Rushaid, et al. v. National Oilwell Varco, Inc., et al., in the 
MJS’s Unopposed Motion to Extend Page 3

Time to File Appellant’s Brief

United States Court of Appeals for the Fifth Circuit. That brief 

was due on October 5.

• Traveling to New York City from October 7 to 9 to participate in 

a conference before the international arbitral tribunal in ICC 

Case No. 20685/ZF, National Oilwell Varco, Inc., et al. v. 

Rasheed al Rushaid, et al.

• Assisting with extensive post-trial research and briefing in Case 

No. 2013-65334, Rogers et al. v. Sunbelt Rentals, Inc. and Cody 

Fox, in the 151st Judicial District of Harris County, Texas. The 

jury returned a verdict in that case on September 24 and a 

hearing on entry of judgment is set for October 26.

In order to adequately assist the Court in deciding the issues in this 

case, counsel requests an additional 3 weeks in order to complete MJS’s 

appellant’s brief. No act of MJS contributed to the need for an extension of 

time.

III. Prayer

MJS requests an extension of 3 weeks for filing its appellant’s brief, 

making the brief due on November 19, 2015.
MJS’s Unopposed Motion to Extend Page 4

Time to File Appellant’s Brief

Respectfully submitted,

Michelle R. Meriam

/s/ Michelle R. Meriam

Texas Bar No. 24063871

michellemeriam@warejackson.com

Timothy F. Lee

Texas Bar No. 12139500

timlee@warejackson.com

Ware, Jackson, Lee, O’Neill, 

Smith & Barrow, LLP

2929 Allen Parkway, 39th Floor

Houston, Texas 77019

(713) 659-6400

(713) 659-6262 (fax)

Russell R. Smith

Texas Bar No. 18682310

RSmith@fairchildlawfirm.com

W. Wade Flasowski

Texas Bar No. 24055482

Fairchild, Price, Haley & Smith, LLP

P.O. Drawer 631668

Nacogdoches, Texas 75963-1668

(936) 569-2327

(936) 569-7932 (fax)

Mark Kennedy

Texas Bar No. 24000122

mark@markkennedylaw.com

Joanna Martin

Texas Bar No. 24072153

joanna@markkennedylaw.com

Kennedy Attorneys & Counselors at Law

12222 Merit Drive, Suite 1750

Dallas, Texas 75251

(214) 445-0740

(972) 661-9320 (fax)

Attorneys for Appellant 
MJS’s Unopposed Motion to Extend Page 5

Time to File Appellant’s Brief

Certificate of Conference

I spoke with Jerry Baker, local counsel for appellees, on October 14, 

2015 and with Joseph M. Callow, Jr., lead counsel for appellees, on October 

15. Appellees do not oppose this motion.

Michelle R. Meriam

/s/ Michelle R. Meriam

Certificate of Service

On October 16, 2015, before the last day for filing this motion, a true

and correct copy of this motion was provided to all counsel of record via 

ProDoc or email, as follows:

Jerry Baker

Travis P. Clardy

Clardy Law Offices

209 E. Main St.

P.O. Box 635426

Nacogdoches, Texas 75961

(936) 564-2500

(936) 564-2507 (fax)

Gregory M. Utter

Joseph M. Callow, Jr.

Danielle M. D’Addesa

Keating Muething & Klekamp

One East Fourth St., Suite 1400

Cincinnati, Ohio 45202

(513) 579-6400

(513) 579-6457 (fax)

Attorneys for Appellees

Michelle R. Meriam

/s/ Michelle R. Meriam