NO. 03-13-00080-CV

IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN
APPELLANTS CENTRAL AUSTIN APARTMENTS, LLC, UP-32ND STREET, LLC, UP-32ND STREET HOSPITALITY, LLC // CROSS-APPELLANTS EAST AVENUE PROPERTY OWNERS’ ASSOCIATION, INC., UP AUSTIN HOLDINGS, LP and UP AUSTIN LAND HOLDINGS, LP

v. APPELLEES UP AUSTIN HOLDINGS, LP, UP AUSTIN LAND HOLDINGS, LP, and EAST AVENUE PROPERTY OWNERS’ ASSOCIATION, INC. // CROSS-APPELLEES CENTRAL AUSTIN APARTMENTS, LLC, UP-32ND STREET, LLC, UP-32ND STREET HOSPITALITY, LLC
Appeal from the 53rd Judicial District Court

of Travis County, Texas Honorable Scott Jenkins, Presiding Trial Court No. D-1-GN-11-003367

SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME

TO FILE MOTION(S) FOR REHEARING

TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 49.8, Appellees/Cross-Appellants UP Austin Holdings, LP and UP Austin Land Holdings, LP (collectively, “UP Austin”), Appellee/Cross-Appellant East Avenue Property Owners’ Association, Inc. (“POA”), and Appellants/Cross-Appellees Central Austin Apartments, LLC, UP-32nd Street, LLC, and UP-32nd Street ACCEPTED 03-13-00080-CV 3820406 THIRD COURT OF APPEALS

AUSTIN, TEXAS 1/20/2015 9:39:42 AM JEFFREY D. KYLE

CLERKS ECOND J OINT A GREED M OTION FOR EXTENSION OF T IME

TO FILE M OTION ( S ) FOR REHEARING

– P AGE 2 Hospitality, LLC (collectively, “Cypress Defendants”) file this Second Joint Agreed Motion for Extension of Time to File Motion(s) for Rehearing and respectfully request that this Honorable Court grant each party a 7-day extension of time to file a Motion for Rehearing, to and including January 29, 2015. In support thereof, the parties would respectfully show the Court as follows: 1. This Court issued its 44-page opinion and judgment in Central Austin Apartments, LLC, et al. v. UP Austin Holdings, LP, et al. , No. 03-13-00080-CV, on December 8, 2014. 2. On December 19, 2014, the parties jointly filed a motion requesting a 30- day extension of time to file motion(s) for rehearing. The Court granted that motion on December 22, 2014. 3. The parties’ respective Motion(s) for Rehearing currently are due on January 22, 2015. 4. The parties request an extension of time of 7 days, to and including, January 29, 2015. This is each party’s second request for an extension on any motion for rehearing. 4. Good cause supports this request. The parties actively have pursued settlement discussions since the Court issued its opinion and currently are working on finalizing the language of a settlement agreement. The parties are optimisticS ECOND J OINT A GREED M OTION FOR EXTENSION OF T IME

TO FILE M OTION ( S ) FOR REHEARING

– P AGE 3 that a settlement, which would allow the trial court to dismiss the action on remand, will be reached. 5. This extension is not sought for delay, but rather to allow the parties and counsel to finalize a settlement agreement, which would obviate the need for further proceedings on the merits in this Court and any other.
PRAYER For the foregoing reasons, the parties pray that the Court grant this Second Joint Agreed Motion for Extension of Time to File Motion(s) for Rehearing, and grant each party an additional 7 days, to and including January 29, 2015, in which to file a Motion for Rehearing. The parties pray for such other and further relief to which they may be entitled.S ECOND J OINT A GREED M OTION FOR EXTENSION OF T IME

TO FILE M OTION ( S ) FOR REHEARING

– P AGE 4 Respectfully submitted,

/s/ Thomas S. Leatherbury Thomas S. Leatherbury State Bar No. 12095275 Matthew R. Stammel State Bar No. 24010419 V INSON & ELKINS LLP 2001 Ross Avenue, Suite 3700 Dallas, Texas 75201-2975 214.220.7700 214.999.7705 (facsimile) tleatherbury@velaw.com mstammel@velaw.comAttorneys for Appellees/CrossAppellants UP Austin Holdings, LP and UP Austin Land Holdings, LP

/s/ Eric J. Taube Eric J. Taube State Bar No. 19679350 Neal Meinzer State Bar No. 00797065 Hohmann, Taube & Summers, L.L.P. 100 Congress Avenue, 18th Floor Austin, Texas 78701 E-mail: erict@hts-law.com E-mail: nealm@hts-law.com Attorneys for Appellants/Cross-Appellees Central Austin Apartments, L.L.C., UP-32nd Street, L.L.C., and UP-32nd Street Hospitality, L.L.C. /s/ Jane M. N. Webre Jane M. N. Webre State Bar No. 21050060 Sara W. Clark State Bar No. 00794847 Scott, Douglass & McConnico, L.L.P. 600 Congress Avenue, Suite 1500 Austin, Texas 78701 E-mail: jwebre@scottdoug.com E-mail: sclark@scottdoug.com Jeffrey J. Hobbs State Bar No. 24012837 J. Bruce Scrafford State Bar No. 17931100 Armbrust & Brown, PLLC 100 Congress Avenue, Suite 1300 Austin, Texas 78701 E-mail: jhobbs@abaustin.com E-mail: bscrafford@abaustin.com Attorneys for Appellant/Cross-Appellee East Avenue Property Owners’ Association, Inc.S ECOND J OINT A GREED M OTION FOR EXTENSION OF T IME

TO FILE M OTION ( S ) FOR REHEARING

– P AGE 5 CERTIFICATE OF SERVICE The undersigned certifies that on the 20th day of January 2015, the foregoing Second Joint Motion for an Extension of Time to File Motion(s) for Rehearing was served on the following attorneys in accordance with the requirements of the Texas Rules of Appellate Procedure via electronic filing or email. Jeffrey J. Hobbs J. Bruce Scrafford Armbrust & Brown, PLLC 100 Congress Avenue, Suite 1300 Austin, Texas 78701 E-mail: jhobbs@abaustin.com E-mail: bscrafford@abaustin.com Jane M. N. Webre Sara W. Clark Scott, Douglass & McConnico, L.L.P. 600 Congress Avenue, Suite 1500 Austin, Texas 78701 E-mail: jwebre@scottdoug.com E-mail: sclark@scottdoug.com Attorneys for Appellant/Cross-Appellee East Avenue Property Owners’ Association, Inc. Eric J. Taube Neal Meinzer Hohmann, Taube & Summers, L.L.P. 100 Congress Avenue, 18th Floor Austin, Texas 78701 E-mail: erict@hts-law.com E-mail: nealm@hts-law.com Attorneys for Appellants/Cross-Appellees Central Austin Apartments, L.L.C., UP-32nd Street, L.L.C., and UP-32nd Street Hospitality, L.L.C.

/s/ Thomas S. Leatherbury Thomas S. Leatherbury

US 3253154