No. 04-15-00342-CV
IN THE COURTOFAPPEALS FOURTHJUDICIALDISTRICT SAN ANTONIO, TEXAS
VILLADIJONCONDOMINIUMASSOCIATION,INC.AND IMPLICITYMANAGEMENT COMPANY Appellants


### v. MARYWINTERSAND MILA CHEATOM Appellees
APPELLANTS' FIRST UNOPPOSED MOTIONFOREXTENSION OFTIME TO FILEAPPELLANTS' BRIEF

TO THE HONORABLEJUSTICES OF THE FOURTH COURT OF APPEALS: Appellants, Villa Dijon Condominium Association, Inc. (hereafter "Villa Dijon") and Implicity Management Company (hereafter "Implicity"), file this motion to extend the time for Appellants to file their Appellants' briefpursuant to Rule 10.S(b) ofthe Texas Rules ofAppellate Procedure. In support ofthis motion, Appellants will show this honorable court as follows:

1 ACCEPTED 04-15-00342-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/28/2015 4:53:01 PM KEITH HOTTLE CLERKThe Appellants' briefin this appeal is currently due on October 31, 2015, a Saturday, thereby making the actual deadline the following Monday, November 2, 2015. By this motion, Appellants seek an extension of time of 8 days or until November 10, 2015 to file their appellant's brief. This is Appellants' first request for an extension oftime to file its Appellants' briefin this cause and Appellees do not opposethis extension. Appellants' counsel, Robert W. Loree, has avery active and busy multi-state trial docket in both Texas and Colorado. Currently, in Colorado, Mr. Loree is preparing for a November 16, 2015 trial in Case No. 14-cv-00200-CMA-KMT; Avalon CondominiumAssociationInc. v. Secura Insurance, AMutual Company; In the United States District Court for the District of Colorado. This preparation includes many upcoming pre-trial deadlines, including responding to Defendant's motion in limine, responding to Defendant's proposedjury charge, responding to Defendant's proposed jury charge, drafting voir dire questions, and filing Plaintiffs final witness and exhibit lists, all of which are due on November 2, 2015-the date the briefin this cause is currently due. Further in the Avalon case, Appellant's counsel also has two replies in support ofmotions to strike due on the
same day. Mr. Loree is also retained as Plaintiffs Counsel on Civil Action No. 1:14- CV-03226-WYD; Manchester Place HOA, Inc. v. Owners v. Owners Insurance

2Company; In the United States District Court ofColorado. Until earlierthis month, the discovery deadline in that case was October 19, 2015. The parties had also scheduled four depositions to be taken from October 19-22, 2015. Due to emergency circumstances, in a telephonic hearing on October 13, 2015, the discovery deadline was extended until the dispositive motion deadline in that case, November 19, 2015, and the previously scheduled depositions were stayed. The four depositions must nowbe re-scheduledbeforeNovember 19, 2015. Mr. Loree also has another case, Cause No. 1:15-cv-00386-KLM; Northgate Village, LLC v. Hartford Casualty Insurance Company; In the United States District Court for the District ofColorado, in which depositions were scheduled for October 19-23, 2015, but had to be rescheduled. The discovery deadline in that
case is November 20, 2015. Finally, in the trial court in this cause, two hearings are currently set for November 3, 2015-the day after the brief is due-on Defendants' Motion to Suspend the Enforcement ofPlaintiffs' Default Judgment During the Pendency of Defendants' Appeal, or Alternatively, Greatly Decrease Amount ofSecurity from Defendants and Defendants' Agreed Motion for Extension ofTime to Respond to Plaintiffs' Post-Judgment Discovery. Due to these commitments in Colorado and his heavy work load in Texas, Mr. Loree has not had sufficient time to prepare Appellants' briefin this cause.

3Appellants therefore request a short extension of time, eight (8) days until November 10, 2015 to file theirbrief. Again, this is Appellants' first request for an extension oftime. WHEREFORE, PREMISES CONSIDERED, Appellants request that the court grant it an extension oftime to file their Appellants' brieffor 8 days or until November 10, 2015 and award Appellants such otherreliefas maybe proper.

4 Respectfully submitted, Loree &Lipscomb, 777 E. Sonterra Blvd., Suite 320 San Antonio, Texas 78258 Telephone: (210) 404-1320 Facsimile: (210) 404-1310

Robert W. Lo e State BarNo. 579200 Email: rob@lhllawfirm.com Attorney for Appellants

### VERIFICATION STATE OFTEXAS 

### § § COUNTY OFBEXAR 

### § BEFORE ME, the undersigned authority, on this day personally appeared Robert W. Loree, who after being duly sworn, stated under oath that he has read the above and foregoing motion and that the facts stated therein are within his personal knowledge and are true and correct.



### SWORN AND SUBSCRIBEDTOBEFORE ME on Octoberd'D, 2015.

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### CERTIFICATE OFCONFERENCE On October 28, 2015, during a telephone conversation, Appellees' counsel's office informed Appellants' counsel's associate that Appellees were not opposed to this motion for an extension oftime.

5CERTIFICATE OF SERVICE I hereby certified that on October 28, 2015, Appellants served a true and correct copy of this motion on counsel for Appellees, Jacob S. Leibowitz, 700 North St. Mary's Street, Suite 1750, San Antonio, Texas, byfacsimile transmission to (210) 225-2567.

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