No. 05-15-00835-CV 

_________________________________________

COURT OF APPEALS

for the 

FIFTH DISTRICT OF TEXAS

Dallas, Texas

_________________________________________

Viking Healthcare, LLC, 

 

 Appellant,

v.

Zeig Electric, Inc.,

 Appellee. 

_________________________________________

On Appeal from the 397th District Court

of Grayson County, Texas

Hon. Brian Gary, District Judge

_________________________________________

UNOPPOSED SECOND MOTION FOR EXTENSION 

OF TIME TO FILE APPELLANT’S BRIEF 

_________________________________________

To the Honorable Court:

Pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d), Appellant Viking Healthcare, 

LLC (“Viking”) files this Unopposed Second Motion for Extension of Time to File 

Appellant’s Brief seeking an additional extension of 14 days to file the Appellant’s 

Brief in this case. In support of the requested 14-day extension, Viking would 

respectfully show the following: 

ACCEPTED

05-15-00835-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

11/3/2015 11:37:59 AM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 11/3/2015 11:37:59 AM LISA MATZ Clerk
2

1. Viking sought and received one previous extension of time to file its 

brief in this case, which makes the current due date for the Appellant’s Brief

November 11, 2015. 

2. For the following reasons, Viking requests an additional extension of 

14 days to file the Appellant’s Brief, which would make the new due date for the 

Appellant’s Brief Wednesday, November 25, 2015.

3. The undersigned, who is chiefly responsible for preparing the brief, has 

been and will be involved in other matters that necessitate an extension, including:

a. Preparation of an amicus curiae brief on behalf of the National Black 

Chamber of Commerce that was filed on November 3, 2015 in Samsung 

et al. v. Apple Inc., No. 2014-1802, pending in the United States Court 

of Appeals for the Federal Circuit; and

b. Various matters following a trial that concluded on October 23, 2015 

in Johnson v. Emerson Electric Co. et al., No. 048-268665-13, pending 

in the 48th District Court of Tarrant County, Texas.

4. Because of these and other scheduling conflicts, the undersigned 

believes that a 14-day extension will be necessary in order to prepare an adequate 

brief in this case. 

5. This is Viking’s second request for an extension of time, and it is not 

opposed.
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WHEREFORE, Appellant Viking Healthcare, LLC respectfully prays that the 

Court grant this unopposed motion and extend the time to file its Appellant’s Brief 

to November 24, 2015.

Respectfully submitted,

/s/ J. Carl Cecere

Peter K. Munson

State Bar No. 14673000

pkmunson@munsonlaw.com

Christina A. Tillett

State Bar No. 24010448

catillett@munsonlaw.com

Munson, Munson, Cardwell 

& Tillett, P.C.

J. Carl Cecere

State Bar No. 24050397

ccecere@cecerepc.com

Cecere PC

6035 McCommas Blvd.

Dallas, Texas 75206

Telephone: 469.600.9455

123 South Travis Street

Sherman, Texas 75090

Telephone: 903.893.8161

Facsimile: 903.893.1345

Jeffrey S. Levinger

State Bar No. 12258300

jlevinger@levingerpc.com

Levinger PC

1445 Ross Avenue, Suite 2500

Dallas, Texas 75202

Telephone: 214.855.6817

Facsimile: 214.855.6808

Attorneys for Viking Healthcare, LLC 
4

CERTIFICATE OF CONFERENCE

On November 2, 2015, the undersigned conferred with Steven Aldous,

counsel for Appellee regarding this motion. Mr. Aldous stated that his client does 

not oppose the requested extension of the deadline to file the Appellant’s Brief. 

/s/ J. Carl Cecere

J. Carl Cecere
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CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this Unopposed Second Motion for 

Extension of Time to File Appellant’s Brief was served by electronic transmission 

on the following counsel on this 3rd day of November, 2015.

Richard Capshaw

Christopher M. Blanton

CAPSHAW & ASSOCIATES

3031 Allen Street, Suite 201

Dallas, Texas 75204

Richard@capslaw.com

Christopher@capslaw.com

Steven E. Aldous

FORSHEY & PROSTOK, LLP

500 Crescent Court, Suite 240

Dallas, Texas 75201

saldous@forsheyprostok.com

/s/ J. Carl Cecere

J. Carl Cecere