APPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF Page 1 No. 05

- 14

- 00891 -CV

IN THE FIFTH COURT OF APPEALS DALLAS, TEXAS

FIRST BANK & TRUST COMPANY, THE BANK A/K/A THE BANK OF WEATHERFORD, AND DAVID GARVIN , Appellants ,

v. CENTURA LAND CORPORATION F/K/A IORI CENTURA , INC., Appellee

App eal from the 44th District Court Cause DC

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- 04743 The Honorable Bonnie Goldstein

APPELLANT S’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

Pursuant to T EXAS R ULE OF A PPELLATE P ROCEDURE 10.5(b) and 38.6, Appellants First Bank & Trust Company, The Bank a/k/a The Bank of Weatherford, and David Garvin (collectively , “ Appellants ”) file this Unopposed
First Motion for Extension of Time to File Appellants’ Rely Brief, and respectfully requests a 30

- day extension as follows:
A. The Present Deadline a nd Length of Extension Sought (6 0 days). Appellants filed their Brief for Appellants on November 20, 2014. Appellee sought and obtained three extensions of time (67 days) within which to file its ACCEPTED 05-14-00891-CV FIFTH COURT OF APPEALS

DALLAS, TEXAS 3/24/2015 3:47:52 PM

LISA MATZ CLERKAPPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF Page 2 Brief for Appellee , and filed its Amended Brief of Appellee on March 9, 2015. Thus, Appellants’ Reply Brief is currently due on March 29, 2015. Appellants respectfully re qu est a 6 0

- day extension of time in which to file Appellants’ Reply Brief. If granted, the requested extension would make Appellee’s Reply Brief due on Thursday, May 28 , 2015

. B. Number of Previous Extensions Granted. This is Appellants’ first request for an extension of time within which to file its Reply Brief. Appellants’ request is not sought for improper purposes or for unjustified delay, but so that justice may be done.
C. Facts Justifying Requested Extension. Appellants seek an extension of time with in which to file Appellants’ Reply
Brief because the parties have sched uled a mediation for April 29 , 2015

— one
month after the current deadline for Appellants’ Reply Brief. Appellants seek this

ext ension of time to conserve the C ourt’s and the parties’ time and resou rces pending the outcome of mediation. Appellants also seek the requested extension because Appellants’ counsel, who has recently been retained on this case, has certain personal and professional conflicts that limit their ability to concisely prepare App ellants’ Reply Brief under
the current time restraints. Paul B. Lackey, Lead Counsel for Appellants, is involved in discoveryAPPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF Page 3 practice and is preparing to take, and preparing his witness es for, deposition s
scheduled for March 31, 2015 and April 7, 2015 in Bank of America, NA. v. Grant J. Scott, Trustee of The Get Good Trust, James Dondero, Individually and as Trustee of the Canis Major Trust; Cause Number DC

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- 02916 , in the 298th Judicial District Court of Dallas County, Texas

. Deborah Deitsch

- Perez , Co

- Lead Counsel for Appellants, is currently

p reparing for an international arbitration in Singapore , Lao Holdings N.V. v. The Lao People’s Democratic Republic (ICSID Case No. ARB(AF)/12/6) scheduled to

start April 13 , 2015 , with travel for preparation start ing April 7, 2015

. Finally, b ecause counsel was retained recently on this case , counsel seeks
additional time after the mediation date to fully analyze the issues on appeal, examine the record in the case, and conduct research for and prepare a clear Reply
B rief that assists the Court in its review.
D. The Request for Extension is Unopposed. Counsel for Appell ee is not opposed to Appellants’ request for a 6 0

- day
extension of time in which to file Appellants’ Reply Brief.
E. Request For Relief. For the foregoing reasons, Appellants respectfully request that this Court grant a 6 0

- day extension of time for the filing of Appellants’ Reply Brief, extending the deadline by which to file A ppellants’ Reply Brief to May 28 , 2015.APPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF Page 4 Appellants also request any additional r elief the Court finds just.
Dated: March 24 , 2015 Respectfully submitted,
LACKEY HERSHMAN , LLP By: /s/ Kristen A. Miller Reinsch Paul B. Lackey State Bar No. 00791061 pbl@lhlaw.net Deborah Deitsch

- Perez State Bar No. 24036072 ddp@lhlaw.net Kristen A. Miller Reinsch State Bar No. 24048660 kam@lhlaw.net 3102 Oak Lawn Avenue, Suite 777 Dallas, Texas 75219 Telephone: (214) 560

- 2201 Facsimile: (214) 560

- 2203 Attorneys For Appellant s First Ba nk And Trust Company, The Bank a/k/a The Bank Of Weatherford , a nd David GarvinAPPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF Page 5 On March 23, 2015, I confer red with counsel for Appellee, Jonathan Cunningham, about the substance of the foregoing, and counsel for Appellee confirmed both verbally and via email that Appellee does not oppose the relief sought herein. CERTIFICATE OF CONFERENCE

/s/ Kristen A. Miller Reinsch Kristen A. Miller Reinsch

I certify that a true and correct copy of the foregoing document was served

on March 24 , 2015 , via electronic filing and service , pursuant to T ex. R. App. P.
9.5 , on the following counsel of record: CERTIFICATE OF SERVI CE

C. Gregory Shamoun g@snlegal.com Jonathan Cunningham jjc@snlegal.com Shamoun & Norman, LLP 1755 Wittington Place, Suite 200 Dallas, T exas 75234

/s/ Kristen A. Miller Reinsch Kristen A. Miller Reinsch