### No. 01-15-00173-CV

IN THE COURT OF APPEALS FOR THE FIRST DIST RICT OF TEXAS HOUSTON, TEXAS

______________________________ __________________________ JOAN JOHNSON, KALETA J OHNSON, SETH JOHNSON, AND WIRT BLAFFER, Appellants
v. MICHAEL PHILLIPS, SPI NDLE TOP PUBLISHING, AND PHILLIPS AKERS WOMAC, P.C., Appellees

______________________________ __________________________ On Appeal from the 333rd Judicial District Court Harris County, Texas Trial Court Cause No. 2011-14027

______________________________ __________________________

UNOPPOSED MOTION TO RESET BRIEFING DEADLINES BASED ON COURT’S ORDER OF JUNE 3, 2015 OR, ALTERNATIVELY, EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

______________________________ __________________________ Patrick Zummo State Bar No. 22293450 pzummo@zoomlaw.com LAW OFFICES OF PATRICK ZUMMO Two Houston Center 909 Fannin, Suite 3500 Houston, Texas 77010 (713) 651-0590 (713) 651-0597 [facsimile] Marc S. Tabolsky State Bar No. 24037576 mtabolsky@yettercoleman.com YETTER COLEMAN LLP Two Houston Center 909 Fannin, Suite 3600 (713) 632-8000 (713) 632-8002 [facsimile]

ATTORNEYS FOR APPELLANTS ACCEPTED 01-15-00173-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 7/13/2015 11:10:40 AM CHRISTOPHER PRINE

CLERK2 T O THE H ONORABLE F IRST C OURT OF A PPEALS : Appellants Joan Johnson, Kaleta Johns on, Seth Johnson, and Wirt Blaffer, file this second motion to reset briefing deadlines requesting that the Court reset the briefing deadlines from the date the comp lete clerk’s record was filed with this Court in the above-captioned matter. Tex. R. App. P. 34.5(d). This motion is unopposed. Appellants previously filed a motion to postpone the briefing deadlines
because the clerk’s record omitted severa l key documents that had been timely requested to be included in the clerk’s reco rd. On June 3, 2015, this Court ordered the district court to prepar e and file a supplemental reco rd within 30 days of the date of the order to including the prev iously omitted items and further specified that appellants’ briefing deadline would not begin to run until the items requested
had been filed and included in the clerk’s record. On June 17, 2015, the district c ourt submitted one electronic volume of supplemental clerk’s record material that included part of what had been requested
to be included. But this volume did not include all of the requested materials and thus the briefing deadline should not have begun. But based on the filing of the partial supplemental record, his Court’ s docket generated an appellant brief deadline of July 17, 2015. After the partial supplemental record was filed on June 17, counsel advised
the clerk’s office that it had still failed to provide a complete clerk’s record. On July 1, 2015, the district court a sec ond supplemental clerk’s record that did include the remaining materials that were to have been included in the clerk’s3 record. Based on the Court’s prior order, appellant s’ request that the Court order that the time for appellants’ brief to be filed be calculated from July 1, 2015 when the supplemental record was filed, as provided in the Court’ s prior order of June 3, 2015. This will result in appellants’ brie f being due on July 31, 2015, which is 30 days after the supplemental record was co mplete. issue a briefing deadline based on the July 1, 2015 date of the filing of the second supplemental clerk’s record, as outlined in its June 4, 2015 order. Alternatively to resetting the briefing deadlines, appellants request a 14-day extension of time for filing their appellant s’ brief. Appellants’ opening brief is currently due July 17, 2015. If the requested extension is granted, appellants’ brief will be due on July 31, 2015. For these reasons, Appellants respectfully request that the Court reset the deadline for Appellants openin g brief to July 31, 2015, based on the Court’s prior June 3 order and the filing of the suppleme ntal record on July 1, 2015. In the alternative, Appellant s request a 14-day extension of time to file their brief on July 31, 2015.

Respectfully submitted:

YETTER COLEMAN LLP Two Houston Center 909 Fannin, Suite 3600 (713) 632-8000 (713) 632-8002 Facsimile4 By /s/ Marc S. Tabolsky Marc S. Tabolsky State Bar No. 24037576 mtabolsky@yettercoleman.com

LAW OFFICES OF PATRICK ZUMMO Two Houston Center 909 Fannin, Suite 3500 Houston, Texas 77010 (713) 651-0590 (713) 651-0597 Facsimile

Patrick Zummo State Bar No. 22293450 Attorneys for Appellants Joan Johnson, Kaleta Johnson, Seth Johnson, and Wirt Blaffer5 CERTIFICATE OF CONFERENCE
As required by Tex. R. App. P. 10.1(a)(5), I certify that on July 13, 2015, I conferred with William W. Ogden, counsel for appellees Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C. Counsel advised us that appellees do not oppose this motion.

/s/ Marc S. Tabolsky Marc S. Tabolsky6 CERTIFICATE OF SERVICE I certify that the foregoing document wa s filed electronically with the Clerk of the Court using the electronic case filing system of the Court. I also certify that a true and correct copy of the foregoing was served on the following counsel of record for appellee via e-service on July 13, 2015. William W. Ogden Ogden, Gibson, Broocks, Longoria & Hall, L.L.P. 1900 Pennzoil South Tower 711 Louisiana Houston, Texas 77002

/s/ Marc S. Tabolsky Marc S. Tabolsky