NO. 05

- 18

- 00487

- CV

IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS DALLAS , TEXAS

KAREN MISKO , Appellant

v.

TRACY JOHNS , Appellee

On Accelerated Interlocutory Appeal from the 429 TH District Court of Collin County, Texas Cause No. 429

- 01844

- 2013 The Honorable Jill Willis , Presiding

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S OPENING BRIEF

Joe Sibley State Bar No. 24047203 sibley@camarasibley.com C AMARA & S IBLEY , L.L.P. 4400 Post Oak Blvd., Suite 2700 Houston, Texas 77027 (713) 966

- 6789

– Telephone (713) 583

- 1131

– Facsimile COUNSEL FOR APPELLANT ACCEPTED 05-18-00487-CV FIFTH COURT OF APPEALS

DALLAS, TEXAS 6/6/2018 9:11 PM LISA MATZ CLERK1 T O THE H ONORABLE C OURT OF A PPEALS :

1. Under Rules 2 and 10.5(b), Appellant respectfully requests a 30

- day

extension of time to file her Opening Brief , making the Brief due on July 11, 2018

.

2. This appeal was taken P ursuant to Tex. Civ. Prac. & Rem. Code

51.014(a)(12), of the trial court ’s Order Denying Defendant’s Motion to Dismiss

under the Texas Citizen’s Participa tion Act (“TCPA”) dated May 1 , 2018 (“Order”),

which was later reduced to written Order on May 14, 2018, and the trial court’s

written order overruling Misko ’ s Objections to TCPA Evidence (only as to

paragraph 8 o f Redding Declaration) dated May 1, 2018 to the Fifth Court of

Appeals.

3. The Reporter’s Record was filed on May 21, 2018, making Appellant’s

brief currently due on June 11, 2018 because this is an accelerated interlocutory

appeal

.

4

. Appellant needs additional time to file her opening brief due to the record

being voluminous (thousands of pages), the reporter’s record having multiple

volumes, and undersigned counsel’s summer vacation schedule as well as other

conflicting engagements.2 5. Accordingly

, A ppellant respectfully reques t the Court grant her a 30

-
day extension of time to file her Opening Brief , making the Brief due on July 11,

2018

.

6 . This Motion is, unopposed, is timely filed and is not brought for purposes

of delay, but so that justice may done.

Prayer

Fo r the reasons discussed above, Appellant respectfully request s the Court

grant Appellant a 30

- day extension of time to file her Opening Brief, making the

Brief due on July 1 1 , 2018

.

Respectfully submitted,

C AMARA & S IBLEY , L.L.P

.

By: /s/ Joe Sibley Joe Sibley State Bar No. 24047203 sibley@camarasibley.com 4400 Post Oak Pkwy , Suite 2700 Houston, Texas 77027 (713) 966

- 6789

– Telephone (713) 583

- 1131

– Facsimile

ATTORNEYS FOR APPELLANT3 CERTIFICATE OF CONFERENCE
I hereby certify that on the 6 th day of June , 201 8
, I conferred with Appellee’s counsel, Amy Ganci , via email on the relief sought in this Motion. Appellee is unopposed to the extension sought herein.

/s/ Joe Sibley Joe Sibley

CERTIFICATE OF SERVICE
I hereby certify that on this 6 th day of June , 201 8 , a true and correct copy of this Motion for Extension of Time to File Appellant’s Opening Brief was sent by Eservice to the following individuals:

AMY B. GANCI State Bar No. 07611600 Email: aganci@gancilaw.com GANCI, LLP 6688 North Central Expressway Suite 1050 Dallas, Texas 75206 Telephone: (214) 969

- 7373 Facsimile: (214) 969

- 7648 ATTORNEYS FOR APPELLEE

/s/ Joe Sibley Joe Sibley