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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/20/2015 9:39:42 AM JEFFREY D. KYLE Clerk
SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME

TO FILE MOTION(S) FOR REHEARING – PAGE 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 optimistic
SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME

TO FILE MOTION(S) FOR REHEARING – PAGE 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.
SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME

TO FILE MOTION(S) FOR REHEARING – PAGE 4

Respectfully submitted,

/s/ Thomas S. Leatherbury

Thomas S. Leatherbury

State Bar No. 12095275

Matthew R. Stammel

State Bar No. 24010419

VINSON & ELKINS LLP

2001 Ross Avenue, Suite 3700

Dallas, Texas 75201-2975

214.220.7700

214.999.7705 (facsimile)

tleatherbury@velaw.com

mstammel@velaw.com

Attorneys 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.
SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME

TO FILE MOTION(S) FOR REHEARING – PAGE 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