CASE NO. Ol-14-00904-CV IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS GRAMERCY ADVISORS LLC, GRAMERCY ASSET MANAGEMENT, LLC, GRAMERCY LOCAL MARICETS RECOVERY FUND LLC and GRAMERCY FINANCIAL SERVICES, LLC

Appellants 

### v.R.K. LOWRY, JR., L-FALLING CREEKLLC, RUSSELL A. CHABAUD, RRAC WIMBLEDON, LLC, JOHN P. MOFFITT, J-JASON LLC, RUSSELL A. CHABAUD, TRUSTEE OF THE RUSSELL G. CHABAUD 1999 INVESTMENT TRUST, R-ASHLEY WIMBLEDON, LLC, RUSSELL A. CHABAUD, TRUSTEE OF THE AUDRY CHABAUD 1999 INVESTMENT TRUST, R-AUDREY WIMBLEDON, LLC, LMC RECOVERY FUND, LLC, UNION GAS FUNDING I, L.P., RANA HOLDINGS, LLC, WESTY I LLC, AND MOGI, LLC, Appellees. Appeal From The District Court of Harris County

80th District Court Trial Cause No. 2008-74262
THIRD UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANTS' BRIEF OR, ALTERNATIVELY, TO ENTER AN ORDER GRANTING THE PARTIES ACCESS TO THE RECORD, BY APPELLANTS GRAMERCY ADVISORS LLC, GRAMERCY ASSET MANAGEMENT, LLC, GRAMERCY LOCAL MARKETS RECOVERY FUND LLC and GRAMERCY FINANCIAL SERVICES, LLC

MHDocs 5922504_1 10862.1 ACCEPTED 01-14-00904-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 1/28/2015 2:31:10 PM CHRISTOPHER PRINE

CLERKTOTHE HONORABLE FIRST COURT OFAPPEALS:

Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), Appellants Gramercy Advisors LLC, Gramercy Asset Management, LLC, Gramercy Local Markets Recovery Fund LLC and Gramercy Financial Services, LLC (collectively, "Gramercy") submit this unopposed motion to extend the time forfiling their appellate brief inthis matter. 1. The deadline for Gramercy to file its brief is currently February 2, 2015. 2. Gramercy respectfully requests a 7-day extension of time, until February 9, 2015, to file its appellate brief. In the alternative, Gramercy respectfully requests this Court enter an order permitting the parties to access copies of the Clerk's Record and the Reporter's Record (collectively, the "Record"). 3. Gramercy requests this third extension or, inthe alternative, an order granting the parties' access to the Record because the parties still have not been able to obtain a copy ofthe Record for reasons beyond Gramercy's control. The Record was filed in this Court under seal pursuant to the 

## so" District Court's Sealing Order dated June 20, 2014, which was drafted and filed by the Appellees. Gramercy's request for acopy oftheRecord was denied because no Order orother similar instrument authorizes release of the Record to any of the parties. The 2

MHDocs 5922504_1 10862.1parties need a copy ofthe Record so they can properly prepare citations in their

respective appellate briefs. 4. To obtain acopy ofthe Record, the parties arerequired to (1) file an agreed request and order with the

## so" District Court; (2) once that order is signed, request the Harris County District Clerkto supplement itsrecord; and (3),request a copy ofthe Record fromthis Court afteritreceives the supplemented record. 5. The parties filed their Agreed Request and Agreed Proposed Order in the 

## so" District Court immediately after this Court granted Gramercy's Second Unopposed Motion for Extension on January 15, 2015. The following day, Gramercy's counsel called the

## so"District Court's clerkto inquire about when the order would be signed and informed him why the parties needed a signed copy of the order to be swiftly posted for the Harris County District Clerk's access. The clerk explained that the

## so" District Court would not signthe order onJanuary 16, 2015, but would likely sign the order sometime after the Martin Luther King holiday weekend. Gramercy's counsel called the 

## so" District Court's clerk again
on each ofJanuary 20, 21, and 22 of2015 to reiterate the parties' need to quickly obtain a copy ofthe order, but the clerk continued to tell Gramercy the order had not been signed and to call back the following day. On January 23, 2015, Gramercy's counsel again called the 

## so" District Court's clerk, but this time the clerk informed Gramercy that the 

## so" District Court signed the order. However, 3
MHDocs 5922504_1 10862.1the clerk also informed Gramercy's counsel that the order had notbeen posted for

the Harris County District Clerk yet but would be soon. Gramercy's counsel has been constantly monitoring Harris County District Clerk's website in anticipation ofthe order being posted. Gramercy's counsel called the District Clerk's office on January 27, 2015, andthe District Clerk's office informed Gramercy that the order has not yetbeen scanned inbythe

## so"District Court. As ofJanuary 28, 2015, the signed order is still not available. Despite Gramercy's immediate action to begin this process and its daily persistence to move italong, the parties still donot have
access tothe orderthis Court needs torelease copies ofthe Record. 6. Athird extension oftime is necessary because the parties will not be able to thoroughly briefthe issues before this Court without acopy ofthe Record. A third extension oftime is warranted because Gramercy diligently attempted to provide this Court with authorization to release the Record buthas been unable to at no fault ofits own. Gramercy has requested only two time extensions in this matter, which this Court granted. Furthermore, this extension isnot sought for the purpose of delay, but so that Gramercy can thoroughly and properly brief the issues before the Court. 7. In the alternative, Gramercy requests this Court enter an order granting the parties access to copies ofthe Record ifthis Court deems such relief appropriate and within this Court's jurisdictional powers. The Appellees drafted 4

MHDocs 5922504_1 10862.1andfiled aSealing Orderthat didnotcontain language permitting Gramercy access

to the Record for purposes of this appeal. The parties never intended to lock themselves outofaccessing their ownRecord onappeal. In addition to effectuating the parties' intent, this Court should enter such an order to prevent any further delay. 8. Appellees' counsel doesnotobjecttotherelief sought herein. FOR THE FOREGOING REASONS, Gramercy respectfully requests that this Court grant a 7-day extension oftime, extending Gramercy's deadline until February 9, 2015, or, alternatively, order that the parties be granted access to the Record andgrant such other and furtherrelief asitshall deemjust andproper. Respectfully submitted,

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MHDocs 5922504_1 10862.1David C.Mattka (TSB No. 13231500)

MUNSCH HARDT KOPF &HARR, P.C. 401 Congress Avenue, Suite 3050 Austin, Texas 78701 (512) 391-6100 (telephone) (512) 391-6149 (facsimile) E-mail: dmattka@munsch.com Daniel M. Hibshoosh (pro hacvice, pending) O'SHEA PARTNERS LLP 521 FifthAvenue 25thFloor New York, New York 10175 Tel: (212) 682-4426 Fax: (212) 682-4437 E-mail: dhibshoosh@osheapartners.com

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MHDocs 5922504_110862.1CERTIFICATE OF CONFERENCE

I certify that Iconferred via e-mail correspondence with W. Ralph Canada, Jr., lead counsel for Appellees, on January 28, 2015, and that Appellees do not oppose this ThirdUnopposed Motion toExtend Time to BeAppellants' Brief. Christopher M.I};>dan (TSB No. 24087817) CERTIFICATE OF SERVICE As required by Texas rule of Appellate Procedure 6.3 and 9.5, I hereby certify that onJanuary 28, 2015, I served this document via e-filing and e-mail on the following: W. Ralph Canada, Jr. ralphc@lfdlaw.com David R.Deary davidd@lfdlaw.com Wilson Wray wilsonw@lfdlaw.com Tyler Simpson tylers@lfdlaw.com Loewinsohn Flegel Deary, LLP 12377 Merit Drive, Suite900 Dallas, Texas 75251 Attorneys for Appellees

~- David C.Mattka

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