NO. 05-14-01215-CV

IN THE COURT OF APPEALS

FOR THE FIFTH DISTRICT OF TEXAS

AT DALLAS

PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC,

Appellants/Cross-Appellees,

v.

HIGHLAND CAPITAL MANAGEMENT, L.P.,

Appellee/Cross-Appellant, 

v.

SIERRA VERDE, LLC; PATRICK BOYCE; WILLIAM L. BRITAIN; AND JAMES DONDERO, 

Appellees.

On Appeal from the 68th Judicial District Court

of Dallas County, Texas

Cause No. 12-04005

UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE

BRIEFS OF APPELLANTS PATRICK DAUGHERTY AND

HIGHLAND EMPLOYEE RETENTION ASSETS LLC 

John F. Guild

State Bar No. 24041022

jguild@ghjhlaw.com

GRUBER HURST JOHANSEN

HAIL SHANK

1445 Ross Ave., Ste. 2500

Dallas, Texas 75202

Telephone: 214-855-6800

Telecopier: 214-855-6808 

Counsel for Appellant/Cross-Appellee

Highland Employee Retention Assets LLC

Charles T. Frazier, Jr.

State Bar No. 07403100

cfrazier@adjtlaw.com

ALEXANDER DUBOSE JEFFERSON & 

TOWNSEND LLP

4925 Greenville Avenue, Suite 510

Dallas, Texas 75206

Telephone: (214) 369-2358

Telecopier: (214) 369-2359

Counsel for Appellant/

Cross-Appellee Patrick Daugherty

ACCEPTED

05-14-01215-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

4/22/2015 3:45:23 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 4/22/2015 3:45:23 PM LISA MATZ Clerk
TO THE HONORABLE COURT OF APPEALS:

Appellants/Cross-Appellees Patrick Daugherty (“Daugherty”) and Highland 

Employee Retention Assets LLC (“HERA”) (collectively, “Appellants”) file this 

second joint motion for extension of time to file their briefs of appellant.

1. The present deadline for Appellants’ opening briefs is April 29, 2015.

2. Appellants seek an extension of 21 days, until May 20, 2015, in which 

to file their briefs of appellant, and that the time period for the remaining briefs for 

all parties—as set out in the Court’s March 3, 2015 Order—be likewise extended 

by 21 days.

3. This is Appellants’ second request for an extension of time for these 

briefs.

4. This motion is unopposed.

5. Appellants request an extension because the undersigned counsel have 

a number of other matters that have interfered with their ability to prepare these

briefs by the current due date, as follows:

GRUBER HURST JOHANSON HAIL SHANK

• preparation of appellant’s brief in Benjamin Thomas v. Graham 

Mortgage Corporation, No. 15-50011; in the United States Court of 

Appeals for the Fifth Circuit; 

UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF 

APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 1
• preparation of appellant’s brief in Breggett Rideau v. Keller Independent 

School District; No. 15-10095; in the United States Court of Appeals for 

the Fifth Circuit;

• preparation of the reply in support of motion for summary judgment and 

replies in support of multiple motions to exclude expert testimony in In 

re Mirant, No. 4:06-cv-013-Y, in the United States District Court for the 

Northern District of Texas;

• preparation for and argue motion for summary judgment in Latigo 

Petroleum, Inc. v. Nabors, No 13,552, in the 84th District Court of 

Ochiltree County, Texas; and

• preparation for and participation in jury trial in Michael J. Savattere v. 

Donna Savattere Younis, Cause No. 13-10328; in the 162nd Judicial 

District Court of Dallas County, Texas.

ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP

• preparation for oral argument in Cox Operating, L.L.C. v. St. Paul 

Surplus Lines Ins. Co., No. 13-20529, in the United States Court of 

Appeals for the Fifth Circuit;

• preparation of settlement documents in Eagle Oil & Gas Company, et al. 

v. Travelers Property Casualty Co. of Am., No. 15-10012, in the United 

States Court of Appeals for the Fifth Circuit; and

UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF 

APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 2
• preparation of the reply to response to petition for review in USAA Texas 

Lloyds Co. v. Gail Menchaca, No. 14-0721, in the Supreme Court of 

Texas;

• preparation of the brief of appellee in Peter Payne, et al. v. Highland 

Homes Ltd., No. 02-14-00067-CV, in the Second Court of Appeals at 

Fort Worth; 

• preparation of the brief of appellants in James Morrison, et al. v. Lake 

Texoma Highport, LLC, et al., No. 14-41388, in the Fifth Circuit Court of 

Appeals.

6. Additional time continues to be required to prepare the briefs because 

the appellate record is voluminous, consisting of 41 volumes of the Reporter’s 

Record and 10 volumes of the Clerk’s Record and Supplemental Clerk’s Record, 

collectively.

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

adequate time to prepare the briefs of appellant in a way that will assist the Court 

in reaching a decision.

For these reasons, Appellants/Cross-Appellees Patrick Daugherty and 

Highland Employee Retention Assets LLC respectfully request that (1) the 

deadline for filing their briefs of appellant be extended until Wednesday, May 20, 

UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF 

APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 3
2015, and (2) that the time period for the remaining briefs for all parties—as set 

out in the Court’s March 3, 2015 Order—be likewise extended by 21 days.

Respectfully submitted,

/s/ Charles T. Frazier, Jr.

Charles T. Frazier, Jr.

State Bar No. 07403100

cfrazier@adjtlaw.com

ALEXANDER DUBOSE JEFFERSON &

TOWNSEND LLP

4925 Greenville Avenue, Suite 510

Dallas, Texas 75206-4026

Telephone: (214) 369-2358

Telecopier: (214) 369-2359

COUNSEL FOR APPELLANT/CROSSAPPELLEE PATRICK DAUGHERTY

/s/ John F. Guild

John F. Guild

State Bar No. 24041022

jguild@ghjhlaw.com

GRUBER HURST JOHANSON HAIL SHANK

1445 Ross Avenue, Suite 2500

Dallas, Texas 75202

Telephone: 214-855-6800

Telecopier: 214-855-6808 

COUNSEL FOR APPELLANT/CROSSAPPELLEE HIGHLAND EMPLOYEE 

RETENTION ASSETS LLC

UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF 

APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 4
CERTIFICATE OF CONFERENCE

On April 21, 2015, the undersigned conferred with Scott Brister, counsel for 

Highland Capital Management, L.P.; James Dondero; Sierra Verde, LLC; Patrick 

Boyce; and William L. Britain, who stated that he does not oppose the relief 

requested in this motion.

/s/ Charles T. Frazier, Jr.

Charles T. Frazier, Jr.

CERTIFICATE OF SERVICE

On April 22, 2015, I electronically filed this Unopposed Second Joint 

Motion for Extension of Time to File Briefs of Appellants Patrick Daugherty and 

Highland Employee Retention Assets LLC with the Clerk of the Court using the 

electronic case filing system of the Court, which will send notification of such 

filing to all counsel of record listed below:

Scott A. Brister

ANDREWS KURTH, LLP

111 Congress Ave., Ste. 1700

Austin, Texas 78701

scottbrister@andrewskurth.com

Marc D. Katz

ANDREWS KURTH, LLP

1717 Main St., Suite 3700

Dallas, Texas 75201

marckatz@andrewskurth.com

John F. Guild

GRUBER HURST JOHANSON HAIL

SHANK

1445 Ross Avenue, Suite 2500

Dallas, Texas 75202

jguild@ghjhlaw.com

/s/ Charles T. Frazier, Jr.

Charles T. Frazier, Jr.

UNOPPOSED SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS OF 

APPELLANTS PATRICK DAUGHERTY AND HIGHLAND EMPLOYEE RETENTION ASSETS LLC Page 5