NO. 06-15-00037-CV 

IN THE COURT OF APPEALS FOR THE 

SIXTH DISTRICT OF TEXAS 

AT TEXARKANA 

MICHAEL D. LEE ....................................... APPELLANT 

v. 

THE ROGERS AGENCY, C. MICHAEL ROGERS 

and NEW YORK LIFE INSURANCE COMPANY ............... APPELLEES 

APPELLANT'S MOTION TO EXTEND TIME 

FOR FILING REPLY BRIEFS 

TO THE HONORABLE COURT OF APPEALS: 

MICHAEL D. LEE, Appellant, files this motion requesting an extension of 

time to file his reply briefs to the brief of Appellees, The Rogers Agency and C. 

Michael Rogers, and to the brief of Appellee, New York Life Insurance Company, 

and would show unto the Court the following: 

I. 

Appellant's reply to the brief of Appellees, The Rogers Agency and C. Michael 

Rogers, is due to be filed December 29, 2015. 

Appellant's reply to the brief of Appellee, New York Life Insurance Company, 

is due to be filed January 6, 2016. 

ACCEPTED

06-15-00037-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

12/28/2015 9:05:20 AM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 12/28/2015 9:05:20 AM DEBBIE AUTREY Clerk
II. 

Due to other commitments counsel will be unable to complete research and 

finalize the reply briefs in this case by the due date. Those commitments include: 

1. Assisting in preparation of the Brief of Appellant in Burlington 

Resources Oil & Gas Company, LP v. Petromax Operating 

Company, Inc., Woodbine Acquisition, LLC n/k/a MD America 

Energy, LLC, Petrotexas, LLC, CH4 Energy II, LLC, and Texcal 

Energy South Texas, LP, No. 06-15-00044-CV in this Court; 

2. Preparation of Plaintiffs Original Petition and Request for 

Temporary Restraining Order and Injunction in OLMM 

Properties, LLC d/b/a The Magnolia vs. Shannon West and The 

Retreat at Kenwood, Inc., Cause No. 15-Cl 716-CCL in the 

County Court at Law of Bowie County, Texas; and 

3. The undersigned counsel plans to be out of town for the holidays 

from December 27, 2015 to January 2, 2016. 

III. 

Further, the Appellees' briefs were filed on different dates and Appellant could 

file one reply brief. 

IV. 

Therefore, Appellant would request an extension to January 15, 2016 in which 

to file his reply briefs. The requested extension should not in the ordinary course of 

procedure in this court delay oral argument and submission and is not requested for 

delay but that justice be served. 

WHEREFORE, PREMISES CONSIDERED, Appellant, MICHAEL D. LEE, 

prays that the time for filing his appellate briefbe extended to January 15, 2016. 

Appellant's Motion to Extend Time for Filing Reply Briefs -Page 2 
Respectfully submitted, 

/s/ Tofin 'R. Mercy 

John R. Mercy 

Texas State Bar No. 13947200 

MERCY* CARTER* TIDWELL, L.L.P. 

1 724 Galleria Oaks Drive 

Texarkana, TX 75503 

Telephone: (903) 794-9419 

Facsimile: (903) 794-1268 

E-mail: jmercy@texarkanalawyers.com 

James A. Holmes 

Texas State Bar No. 00784290 

THE LAW OFFICE OF JAMES HOLMES, Pc 

212 South Marshall 

Henderson, TX 75654 

Telephone: (903) 657-2800 

Facsimile: (903) 657-2855 

Email: jh@JamesHolmesLaw.com 

ATTORNEYS FOR APPELLANT 

CERTIFICATE OF CONFERENCE 

I have contacted Andrew Jubinsky, Attorney for Appellee, New York Life 

Insurance Company, regarding the relief sought by this motion and he has no 

objection to the motion. I attempted to contact LaToyia Pierce, Attorney for 

Appellees, The Rogers Agency and C. Michael Rogers, but have been unable to reach 

her and, therefore, do not know her position. 

/s/ Tofin 'R. Mercy 

John R. Mercy 

Appellant's Motion to Extend Time for Filing Reply Briefe - Page 3 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Appellant's Motion to Extend Time for 

Filing Reply Briefs has been served via e-service on: 

Ms. LaToyia Pierce 

WILSON, ELSER, MOSKOWITZ, 

EDLEMAN & DICKER LLP 

4800 Bank of America Plaza 

901 Main Street 

Dallas, TX 75202 

Email: latoyia. pierce@wilsonelser.com 

Mr. Andrew Jubinsky 

FIGARI & DAVENPORT, LLP 

3400 Bank of America Plaza 

901 Main Street 

Dallas, TX 75202 

Email: andy.jubinsky@figdav.com 

this 28th day of December, 2015. 

/s/ Tofin 'R. Mercy 

John R. Mercy 

Appellant's Motion to Extend Time for Filing Reply Briefe - Page 4