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 CLERKAPPELLEES’ AMENDED MOTION FOR EXTENSION OF TIME Page 2 TO FILE BRIEFS #16 5 052 I. INTRODUCTION
1. Appellant is Neurodiagnostic Tex. LLC. Appellees have con ferred 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. T EX

. R. A PP

. P. 10.3

. II. ARGUMENT & AUTHORITIES
3. Th is Court may grant an extensio n of time for the filing of Appellees’ brief s
. T EX

. R. A PP

. 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 r espective 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

mat ters, including but not limited to: (i) a February 2, 2015 trial setting in
Cause Number 141

- 2710178

- 14 pending in the 141 st District Court of Tarrant County ; and (ii) deadline s 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 #16 5 052 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 Bre nt Shellhorse State Bar No. 24008022 bshellhorse@whitakerchalk.com Hunter McLean State Bar No. 00788026 W HITAKER C HALK S WINDLE & S CHWARTZ PLLC 301 Commerce Street, Suite 3500 Fort Worth, Texas 76102 Telephone: (817) 878

- 0500 Telecopier: (817) 878

- 0501
ATTORNEYS FOR A PPELLEE SYNERGY IOM, LLCAPPELLEES’ AMENDED MOTION FOR EXTENSION OF TIME Page 4 TO FILE BRIEFS #16 5 052 /

S

/ C AR TER L. H AMPTON C ARTER L. H AMPTON Texas State Bar No. 08872100 H AMPTON & A SSOCIATES , P.C. 1000 Houston Street, 4th Floor Fort Worth, Texas 76102 Telephone: (817) 877

- 4202 Facsimile: (817) 877

- 4204 clhampton@hamptonlawonline.com
A TTORNEY FOR A PPELLEE R OBERT “J OSH ” P IERCE

CERTIFICATE OF CONFE RENCE 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 Shellhors e 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 Shellhors e Brent She llhorse