APPELLEES’ AMENDED MOTION FOR EXTENSION OF TIME Page 1 

TO FILE BRIEFS #165052 

No. 12-14-00254-CV

COURT OF APPEALS FOR THE TWELFTH DISTRICT

TYLER, TEXAS

NEURODIAGNOSTIC TEX, L.L.C.

Appellant,

v.

ROBERT JOSH PIERCE and SYNERGY IOM, LLC

Appellees.

On Appeal from the 7th District Court, Smith County, Texas,

Cause No. 13-3357-A 

Honorable Kerry L. Russell, Presiding.

APPELLEES’ AMENDED MOTION FOR EXTENSION 

OF TIME TO FILE APPELLEES’ BRIEFS 

TO THE HONORABLE COURT:

COMES NOW, Appellees Robert Josh Pierce and Synergy IOM, LLC 

(together “Appellees”) and respectfully request the Court for a 45-day extension of 

time for Appellees to file their respective briefs. In support hereof, Appellees 

would respectfully show the following: 

ACCEPTED

12-14-00254-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

1/21/2015 4:14:08 PM

CATHY LUSK

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 1/21/2015 4:14:08 PM CATHY S. LUSK Clerk
APPELLEES’ AMENDED MOTION FOR EXTENSION OF TIME Page 2

TO FILE BRIEFS #165052

I. INTRODUCTION

1. Appellant is Neurodiagnostic Tex. LLC. Appellees have conferred with 

Appellant regarding this motion. 

2. This Motion is not subject to the 10-day waiting period for determination of 

motions because all parties agree to the request. TEX. R. APP. P. 10.3.

II. ARGUMENT & AUTHORITIES

3. This Court may grant an extension of time for the filing of Appellees’ briefs. 

TEX. R. APP. P. 10.5.

4. The present deadline for the filing of Appellees’ briefs is January 23, 2015, 

which is thirty days after Appellant’s brief was filed.

5. Appellees request a 45-day extension to file their respective briefs; thus, 

extending the deadline for the filing of Appellees’ briefs until Monday, 

March 9, 2015.

6. Appellees request an extension of time based on conflicts with other 

deadlines. In particular, Appellees’ counsel have conflicts with other 

matters, including but not limited to: (i) a February 2, 2015 trial setting in 

Cause Number 141-2710178-14 pending in the 141st District Court of 

Tarrant County; and (ii) deadlines for filing dispositive motions in Cause 

Number 4:13-cv-00723-A pending in the Northern District of Texas, Fort 

Worth Division.
APPELLEES’ AMENDED MOTION FOR EXTENSION OF TIME Page 3

TO FILE BRIEFS #165052

7. This is Appellees first request for an extension of time to file their respective 

briefs.

III. PRAYER

WHEREFORE PREMISES CONSIDERED, Appellees Robert Josh Pierce 

and Synergy IOM, LLC respectfully request the Court to grant each of them an 

extension of time to file their respective Appellee’s briefs until Monday, March 9, 

2015.

Respectfully submitted,

/s/Brent Shellhorse

Brent Shellhorse

State Bar No. 24008022

bshellhorse@whitakerchalk.com

Hunter McLean

State Bar No. 00788026

WHITAKER CHALK SWINDLE &

SCHWARTZ PLLC

301 Commerce Street, Suite 3500

Fort Worth, Texas 76102

Telephone: (817) 878-0500

Telecopier: (817) 878-0501

ATTORNEYS FOR APPELLEE

SYNERGY IOM, LLC
APPELLEES’ AMENDED MOTION FOR EXTENSION OF TIME Page 4

TO FILE BRIEFS #165052

 /S/ CARTER L. HAMPTON

CARTER L. HAMPTON

Texas State Bar No. 08872100

HAMPTON & ASSOCIATES, P.C.

1000 Houston Street, 4th Floor

Fort Worth, Texas 76102

Telephone: (817) 877-4202

Facsimile: (817) 877-4204

clhampton@hamptonlawonline.com

ATTORNEY FOR APPELLEE

ROBERT “JOSH” PIERCE

CERTIFICATE OF CONFERENCE

On January 14, 2015, I spoke with Debra Crafton, counsel for Appellant, 

regarding the merits of this motion. Ms. Crafton agrees to Appellees’ request of 

time as set forth in this motion.

/s/ Brent Shellhorse 

Brent Shellhorse

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above 

and foregoing document has been served upon counsel of record via electronic 

filing and/or electronic mail on January 21, 2015.

/s/ Brent Shellhorse 

Brent Shellhorse