In The 

Fourteenth Court of Appeals _____________________

# 14-14-00788-CV 

_____________________

EXERGY DEVELOPMENT GROUP OF IDAHO, LLC AND JAMES 

T. CARKULIS, Appellants 

V. 

HIGH POWER ENERGY, LLC, BLUE RENEWABLE ENERGY, 

LLC AND BLACK MOUNTAIN FINANCIAL, CORP, Appellees 

 --------------------- 

On Appeal from the 125th District Court Harris County, Texas

Trial Court Cause No. 2012-67104 

--------------------- 

Unopposed Motion for Extension of Time 

Comes now EXERGY DEVELOPMENT GROUP OF IDAHO, 

LLC AND JAMES T. CARKULIS, Appellants file this unopposed motion 

to extend the briefing deadline from April 30, 2015 to May 29, 2015.

As cause, counsel would respectfully show as follows:

1. This is an appeal from death penalty sanctions ordered in the 

District Court. Exergy’s third-party complaint was stricken and it was 

prohibited from introducing any evidence to support claims against the thirdparty defendants. Appellants’ brief is currently due April 30, 2015.

2. On March 9, all parties filed a joint motion to suspend the 

briefing so that a large number of documents previously designated as part 

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ACCEPTED

141400788

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

4/10/2015 8:22:25 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 4/10/2015 8:22:25 AM CHRISTOPHER A. PRINE Clerk
of the record on appeal, but which were not included with the record 

certified to this court, could be included.

3. Most of the additional documents requested to be included in 

the record by both parties were missing from the clerk’s record that was filed 

with this Court.

4. Specifically, only 11 of the 37 documents designated and 

requested by Appellee were filed in the original clerk’s record. The other 26 

documents Appellee requested are not contained in the clerk’s record that 

was filed. Additionally, none of the 22 documents requested on behalf of 

Appellants were filed in the original clerk’s record. 

5. The current problem is that the district clerk has not certified 

the supplemental record.

6. Counsel went to the post-judgment office in person last week, 

and was told that the supplemental record would be ready this week.

7. Counsel went to the post-judgment office in person again this 

week, and was told that the supplemental record is still not ready.

8. Counsel does not seek the requested extension for any purpose 

of delay.

9. Rather, time will be needed to prepare this appeal with the full 

record once it has been completed by the district clerk’s office.

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10. It is for these reasons that Appellants pray the deadline be 

moved to May 29, 2015.

Respectfully submitted,

Seth Kretzer

LAW OFFICES OF SETH KRETZER

440 Louisiana Street; Suite 200 

Houston, TX 77002

(713) 775-3050 (DIRECT)

seth@kretzerfirm.com (email)

Counsel for Appellants

CERTIFICATE OF SERVICE

I certify that on April 9, 2015, I spoke to Howard Klatsky who is 

UNOPPOSED to this motion. I both called and email Andrew Edison; no 

response has been received. But since Edison previously joined in the 

motion to suspend briefing pending supplementation, Counsel has no reason

to think he would be opposed to the current motions for a (lesser) extension 

of deadline.

_________________

Seth Kretzer 

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CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing motion 

was served on all counsel of record on the 10th day of April, 2015.

_________________

Seth Kretzer 

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