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03-14-00515-CV 

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS 

AT AUSTIN 

Salvatore Magaraci and Estate 

Protection Planning Corporation APPELLANTS 

v. 

EDUARDO S. ESPINOSA, IN HIS CAPACITY AS 

RECEIVER OF RETIREMENT VALUE, LLC APPELLEE 

Appeal from 419th Judicial District Court of Travis County, Texas 

(Hon. Gisela D. Triana, Presiding) 

APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF 

John W. Thomas

State Bar No. 19856425 

George, Brothers, Kincaid

& Horton, L.L.P

114 W Seventh, Suite 1100

Austin, TX 78701-3015 

Telephone: (512) 495-1400 

Facsimile: (512) 499-0094 

jthomas@gbkh.com

ATTORNEYS FOR APPELLEE 

EDUARDO S. ESPINOSA, IN HIS 

CAPACITY AS RECEIVER 

OF RETIREMENT VALUE, LLC 

ACCEPTED

03-14-00515-CV

4841196

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/10/2015 11:20:16 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/10/2015 11:20:16 AM JEFFREY D. KYLE Clerk
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COMES NOW, Appellee, Eduardo S. Espinosa, in his Capacity as Receiver of 

Retirement Value, LLC, and request the Court to extend the time to file Appellee’s Brief.

Time to File Brief in accordance with Tex. R. App. P. 10.5(b) and Tex. R. App. P. 

38.6(d).

A. Introduction

1. Appellant filed its brief on March 27, 2015. 

2. Appellee’s brief is due on April 29, 2015.

3. Texas Rule of Appellate Procedure Rule 38.6(b) states that the appellee's 

brief must be filed within 30 days after the date the appellant's brief was filed. Appellee 

now asks the Court to grant its motion to extend time for thirty days to file appellee’s 

brief.

B. Arguments & Authorities

4. The Court may extend the time for filing a brief under Texas Rule of 

Appellate Procedure 38.6(d).

5. Appellee seeks an extension in this case because Appellee is still seeking 

correction and supplementation of the Clerk’s Record. In addition to the size and issues 

associated with the Clerk’s Record, attorney’s for Appellee have other deadlines 

associated with other cases.

6. Counsel for Appellant does not oppose this motion and has agreed to the 

extension sought.

7. There have not been any previous extensions granted regarding the filing of 

Appellee’s brief.
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C. Prayer

8. For these reasons, Appellee Eduardo S. Espinosa, in his Capacity as 

Receiver of Retirement Value, LLC asks the Court to grant an extension of time to file 

the appellee’s brief until May 29, 2015.

Respectfully submitted,

/s/ John W. Thomas

John W. Thomas

State Bar No. 19856425 

George & Brothers, L.L.P

114 W Seventh, Suite 1100

Austin, TX 78701-3015

Telephone: (512) 495-1400

Facsimile: (512) 499-0094

jthomas@gbkh.com

ATTORNEYS FOR APPELLEE

EDUARDO S. ESPINOSA, IN HIS 

CAPACITY AS RECEIVER OF 

RETIREMENT VALUE, LLC

CERTIFICATE OF CONFERENCE

The undersigned has conferred with counsel for Appellant about the merits of the 

motion and counsel for Appellant has agreed to the extension of time to file Appellee’s 

Brief.
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CERTIFICATE OF SERVICE

A copy of the foregoing pleading was served upon the following listed counsel in 

the manner listed below, and by the Court’s electronic service on this 10th day of April, 

2015. Subject to further notice, the electronic transmission will be reported as complete 

upon electronic receipt by the court.

Timothy A. Hootman

2402 Pease St.

Houston, TX 77003

(713) 247-9548

(713) 583-9523 fax

thootman@yahoo.com

/s/ John W. Thomas

John W. Thomas