### No. 04- 15

- 00 507

- CV

I N T HE C OURT OF A PPEALS F OR T HE F OURTH D ISTRICT OF T EXAS

A T S AN A NTONIO

E STATE OF S HIRLEY L. B ENSON ;

T HOMAS M ILTON B ENSON
AS T RUSTEE OF THE S HIRLEY L. B ENSON T ESTAMENTARY T RUST , Appellant , v.

R ENEE B ENSON , Appellee

.

Appeal from Probate Court No. 2, Dallas County, Texas, Trial Court Cause 155,572 & 155,572-A

U NOPPOSED M OTION FOR E XTENSION OF T IME TO F ILE B RIEF OF A PPELLANT

T O T HE H ONORABLE C OURT OF A PPEALS :

Appellant, Thomas Milton Benson, as Trustee of the Shirley L. Benson

Testamentary Trust, respectfully files this unopposed first motion for extension of

time to file his appellant’s brief.

1. The present deadline for filing the brief is September 24, 2015.

2. Appellant seeks a 30 -day extension, until October 26, 2015, in which

to file his brief.

3. This is Appellant’ s first request for an extension of time to file his

brief.

4. This motion is unopposed. ACCEPTED 04-15-00507-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/24/2015 1:13:35 PM KEITH HOTTLE CLERK2

5. The following grounds provide “good cause” for extending the time to

file the brief.

Lead counsel, David Beck

, has been and continues to be engaged in other

litigation with imminent deadlines that will prevent him from completing the brief

before the present deadline, including, but not limited to, the following:

 Preparation for trial in No. 4:13

- cv

- 02906; Exxon Mo bil Corporation v. FX Networks, LLC, et al ; In the United States District Court for the Southern District of Texas, Houston Division. The p retrial conference was held on September 1, 2015.

 Preparation for hearing in No. 4:09

- CV

- 03884; Yoseff Cohen, et al. v. Oscar S. Wyatt, Jr. et al. ; I n the United States District Court for the Southern District of Texas, Houston Division. The hearing was held on September 17, 2015.

 Preparation for hearing on motion to dismiss in No. 416

- 04639

- 2014; Hasmukh Patel v. Kirit Patel; I n the 416th Judicial District Court of Collin County, Texas

. The h earing was originally scheduled for September 18, 2015 (rescheduled).

 Preparation for hearing on multiple motions and trial in No. 2009

- 60726, Exxon Mobile Corporation v. Trad e Exploration Corp., et al., In the 189th Judicial District Court of Harris County, Texas. The h earing originally scheduled for September 11, 2015, but was rescheduled by court for September 25, 2015.

 Preparation for trial in No. 4:13

- cv

- 02532; The City o f Houston, Texas v. Xerox State and Local Solutions, Inc., a/k/a and f/k/a ACS State and Local Solutions, Inc. ; In the United States District Court for the Southern District of Texas, Houston Division. The pretrial conference is set for October 8, 2015, a nd trial begins on October 13, 2015.3

Additionally, a ppellate counsel, Russell Post, has been and continues to be

engaged in other litigation with imminent deadlines that will prevent him from

completing the brief before the present deadline, including, but not limited to, the

following:

 Preparation for presentation of oral argument in No. 13

- 0961; Occidental Chemical Corporation v. Jason Jenkins ; In the Texas Supreme Court. Oral argument was held on September 3, 2015.

 Preparation of brief of appellee in 15

- 20030; Environment Texas Citizen Lobby, Inc., et al. v. ExxonMobil Corporation, et al. ; In the United States Court of Appeals for the Fifth Circuit. The brief was filed on September 10, 2015, after two extensions.

 Assistance with preparation of reply bri ef in No. 05

- 14

- 01383

- CV; Enterprise Products Partners, L.P., et al. v. Energy Transfer Partners, L.P. ; In the Fifth Court of Appeals. The reply brief was filed on September 18, 2015, after two extensions.

 Preparation for presentation of oral argument in No. 15

- 0146; Doris Forte, O.D., et al. v. Wal

- Mart Stores, Incorporated ; In the Texas Supreme Court. The argument was held on September 23, 2015 , in Austin, Texas

.

 Preparation of brief of appellant in No. 03

- 15

- 00248

- CV; Brigham Exploration Company, et al v. Raymond Boytim, et al.; In the Third Court of Appeals . The brief is due to be filed on or before September 29, 2015 , after two extensions.

 Preparation of jury charge and trial in No. 2013

- 61098; Scott D. Martin and SKM Partnership, Ltd. v. Andrews Kur th LLP ; In the 234th Judicial District Court of Harris County, Texas . The jury charge is due on September 28, and the trial begins on October 5, 2015.

 Preparation of brief of appellee in No. 01

- 15

- 00306

- CV; Hercules Offshore Services, LLC, et al. v. Georg e True Tillman ; In the First Court of Appeals. The brief is due to be filed on or before October 14, 2015.4

 Preparation for presentation of oral argument in No. 05

- 14

- 01148

- CV; Greenwood Motor Lines, Inc., et al. v. Bobbie Bush ; In the Fifth Court of Appea ls. Oral argument is scheduled for October 20, 2015, in Dallas, Texas.

6

. This motion is not filed for the purpose of delay, but to allow counsel

adequate time to prepare the brief.

For these reasons, Appellant requests that this Court grant an extension of

time to file his brief until October 26 , 2015.

Respectfully submitted,

B ECK R EDDEN LLP

By: /s/ David J. Beck David J. Beck State Bar No. 00000070 dbeck@beckredden.com Russell S. Post State Bar No. 00797258 rpost@beckredden.com Troy Ford State Bar No. 24032181 tford@beckredden.com Owen J. McGovern State Bar No. 24092804 omcgovern@beckredden.com 1221 McKinney, Suite 4500 Houston , TX 77010 (713) 951

- 3700 (713) 951

- 3720 (Fax)

Attorneys for Appellant5 

### C ERTIFICATE OF 

### C ONFERENCE

I certify that m

y office conferred with Counsel for Appellee

, and Appellee does not oppose the requested extension.

/s/ D avid J. Beck D avid J. Beck



### C ERTIFICATE OF 

### S ERVICE

I hereby certify that on September 24 , 201 5 , a true and correct copy of the above and foregoing motion was forwarded to all counsel of record by the Electronic Filing Service Provider as follows:

Bennett L. Stahl C URL S TAHL G EIS 700 N. St. Mary’s St., Suite 1800 San Antonio, TX 78205 blstahl@csg

- law.com

Emily Harrison Liljenwall S CHOENBAUM , C URPHY & S CANLAN , P.C. 112 E. Pecan, Suite 3000 San Antonio, TX 78205 eliljenwall@scs

- law.com Harriet O’Neill
L AW O FFICE OF H ARRIET O’N EILL , P.C. 919 Congress Ave., Suite 1400 Austin, TX 78701 honeill @harrietoneilllaw.com

Douglas Alexander A LEXANDER , D UBOSE , J EFFERSON & T OWNSEND LLP 515 Congress Ave., Suite 2350 Austin, TX 78701 dalexander@adjtlaw.com

Attorneys for Appellee Renee Benson

Ellen B. Mitch ell D YKEMA C OX S MITH 112 E. Pecan St., Suite 1800 San Antonio, TX 78205 emitchell@dykema.com

Attorneys for Co

- Receiver Phil Hardberger Steven R. Brook Langley & Banack, Inc. 745 E. Mulberry, Ste. 900 San Antonio, TX 78212 sbrook@langleybanack.com

Attorneys for Co

- Receiver Arthur H. Bayern

/s/ David J. Beck David J. Beck