03-14-00738-CV

In the Court of Appeals

For the Third District of Texas at Austin

Elness, Swenson, Graham Architects, Inc., 

 Appellant and Cross-Appellee, 

v.

RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP, 

and RLJ Lodging Fund II Acquisitions, LLC,

 Appellees and Cross-Appellants. 

On Appeal from the 

200th Judicial District Court of Travis County, Texas

Cause Number: D-1-GN-002325

The Honorable Stephen Yelenosky, Presiding Judge

APPELLANT’S UNOPPOSED MOTION TO EXTEND 

 TIME TO FILE REPLY BRIEF 

Attorneys for Appellant and Cross-Appellee

MACDONALD DEVIN, PC

3800 Renaissance Tower

Dallas, Texas 75270

214.744.3300 telephone

214.747.0942 facsimile

Gregory N. Ziegler

Texas Bar No. 00791985

GZiegler@MacdonaldDevin.com

Weston M. Davis

Texas Bar No. 24065126

WDavis@MacdonaldDevin.com 

Steven R. Baggett

Texas Bar No. 01510680

SBaggett@MacdonaldDevin.com

ACCEPTED

03-14-00738-CV

5865989

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/29/2015 3:21:03 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/29/2015 3:21:03 PM JEFFREY D. KYLE Clerk
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IDENTITY OF PARTIES AND COUNSEL

Defendant/Appellant/Cross-Appellee

Elness, Swenson, Graham Architects, Inc.

Counsel for Defendant/Appellant/Cross-Appellee

Gregory N. Ziegler

Texas Bar No. 00791985

Steven R. Baggett

Texas Bar No. 01510680

Weston M. Davis

Texas Bar No. 24065126

MACDONALD DEVIN, PC

1201 Elm Street

3800 Renaissance Tower

Dallas, Texas 75270

214.744.3300 Telephone

214.747.0942 Facsimile

Counsel for Plaintiff/Appellee/Cross-Appellant

RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP, and RLJ Lodging 

Fund II Acquisitions, LLC

represented by

Michael Huddleston

Stephen Gibson

Benton T. Wheatley

Tracy L. McCreight

Jessica C. Neufeld

MUNSCH HARDT KOPF & HARR, P.C.

401 Congress Ave, Suite 3050

Austin, Texas 78701

512.391.6100 Telephone

512.391.6149 Facsimile
3

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.5(b) and 38.6(d), the Appellant and CrossAppellee, Elness, Swenson, Graham Architects, Inc. (“ESG”), files this Unopposed

Motion to Extend Time to File Appellant’s Reply Brief. ESG’s reply brief is 

currently due on July 1, 2015. Counsel for ESG requests a 15-day extension of 

time to file its brief, making the brief due on July 16, 2015. This is the first request 

for extension of time to file ESG’s reply brief. ESG and RLJ each previously 

requested one 30-day extension of time to file the Appellant’s and CrossAppellant’s opening briefs and one 30-day extension of time to file corresponding 

response briefs.

In addition to the routine matters that counsel must attend to in daily 

practice, counsel for ESG is preparing for the following matters:

1. Mediation of six related cases for breach of contractual duties involving 

healthcare services on July 7, 2015;

2. Poulos v. Neidich, No. 2013-CA-11693, in the Circuit Court for the 

Fifteenth Judicial Circuit in Palm Beach County Florida, Preparation for 

Trial Setting on August 17, 2015; and

3. Suncoast Post-Tension v. Peter Scoppa, et al., No. 4:13-cv-3125, in the 

United States District Court for the Southern District of Texas, 

preparation for docket call and trial on August 28, 2015.
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Counsel for ESG seeks this extension of time to be able to prepare a cogent 

and succinct brief to aid this Court in its analysis of the issues presented. This 

request is not sought for delay but so that justice may be done.

Counsel for ESG has conferred with Michael W. Huddleston, counsel for the 

Cross-Appellant, and he has indicated that his client does not oppose this motion.

All facts recited in this motion are within the personal knowledge of the 

counsel signing this motion, therefore no verification is necessary under Texas 

Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, ESG requests that this Court grant this 

Unopposed Motion to Extend Time to File Appellant’s Reply Brief and extend the 

deadline for filing Appellant’s Reply Brief up to and including July 16, 2015. ESG 

requests all other relief to which it may be entitled.
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Respectfully submitted,

MACDONALD DEVIN, PC

By: /s/ Weston M. Davis 

Gregory N. Ziegler

Texas Bar No. 00791985

GZiegler@MacdonaldDevin.com 

Steven R. Baggett

Texas Bar No. 01510680

GZiegler@MacdonaldDevin.com 

Weston M. Davis

Texas Bar No. 24065126

WDavis@MacdonaldDevin.com

1201 Elm Street

3800 Renaissance Tower

Dallas, Texas 75270

214.744.3300 telephone

214.747.0942 facsimile

Attorneys for Appellant

Elness, Swenson, Graham Architects, 

Inc.

CERTIFICATE OF SERVICE

The undersigned attorney certifies that a true and correct copy of the 

foregoing Unopposed Motion to Extend Time to File Appellant’s Reply Brief was 

served on all counsel of record in accordance with the Texas Rules of Appellate 

Procedure via e-Filing, on June 29, 2015. 

 /s/ Weston M. Davis

Weston M. Davis
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CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that counsel for ESG conferred 

with opposing counsel who indicated that his client does not oppose this motion.

 /s/ Weston M. Davis

Weston M. Davis