Unopposed Motion for Extension of Time to File Appellees’ Brief Page 1 

No. 03-14-00738-CV

Elness Swenson Graham 

Architects, Inc.,

Appellants & 

Cross-Appellees,

v.

RLJ II-C Austin Air, LP, RLJ II-C 

Austin Air Lessee, LP and RJL 

Lodging Fund II Acquisitions,,

Appellees &

Cross-Appellants.

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From the 200th District Court

Of Travis County, Texas

____________________________________________________________ 

Cross Appellants' Unopposed Motion for Extension of Time 

to File Appellee’s Brief

____________________________________________________________ 

To the Honorable Justices of the Court of Appeals: 

 RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP and RJL Lodging 

Fund II Acquisitions, (“RLJ” collectively) are appellees and cross-appellants in the 

above-referenced cause. RLJ respectfully moves pursuant to Texas Rule of 

Appellate Procedure 10.5 (b) to extend by thirty days the time in which to file its 

appellee’s brief. In support thereof, RLJ would respectfully show the court as 

follows: 

ACCEPTED

03-14-00738-CV

5127176

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/1/2015 5:06:46 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/1/2015 5:06:46 PM JEFFREY D. KYLE Clerk
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 2

I. Current Deadline

RLJ’s appellee’s brief is currently due to be filed with this Court on or 

before Monday, May 11, 2015. RLJ seeks an extension of thirty days, up to and 

including Wednesday, June 10, 2015, of the time to file its appellee’s brief in this 

cause. 

II. Explanation of Need for Extension

RLJ’s request for this extension is based on the following facts. These facts 

are within the personal knowledge of the undersigned counsel. In addition to a 

heavy load of more routine litigation matters, between the filing of the appellants’ 

brief on April 10 and the current due date of May 11 for the appellee’s brief 

counsel must attend to in daily practice, for the following matters:

1. Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company, civil 

case number 4:12-cv-1759 in The United States District Court for the 

Southern District of Texas, Houston Division and has been reviewing 

and analyzing extensive materials including voluminous fee bills for a 

supplemental expert report completed on April 21, 2015, followed by 

a deposition on April 23, 2015.

2. Western States Asset Management, Inc. and Pear Ridge Creek 

Apartments v. AIX Specialty Insurance Company, et al. in cause 

number DC-14-00173 in the 298th District Court, Dallas County, 
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 3

Texas, and has been reviewing and analyzing those materials in 

preparation for a report due on May 6, 2015. 

3. Gotham Insurance Company v. Larry Anders and Summit Financial 

Alliance, LLP, in cause number DC-14-06417 in the 44th District 

Court of Dallas County, Texas and has been reviewing and analyzing 

materials in preparation for an expert deposition on May 12, 2015.

4. Ricardo Villareal v. State Farm Lloyds, cause number 342-266154-13

in the 342nd District Court of Tarrant County, Texas. Counsel has 

had to continue to review extensive documents in preparation for three 

depositions to be taken of Fort Worth Fire Department personnel on 

April 29, 2015, and May 12, 2015 and preparation of an emergency 

Motion for Protective Order to be filed the week of May 4, 2015. 

5. Cedar Creek Corp. v. Pennsylvania Lumbermens Mutual Insurance 

Company, civil case number 3:15-cv-00844 in the United States 

District Court of the Northern District of Texas, Dallas Division, 

preparing for a EUO on May 11, 2015, and conduct property 

inspections in connection with the claims.

6. Frank A. Smith Sales, Inc. v. Great Northern Insurance Company, et 

al., civil case number 7:14-cv-805 in the United States District Court 

for the Southern District of Texas, McAllen Division, to begin 
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 4

reviewing and analyzing documents in preparation of seven reports 

due on May 15, 2015. 

Further, during the time currently allowed for preparation of the appellees’ 

brief, the undersigned will be required to devote substantial attention to preparation 

for oral argument in Elizabeth Quiroz v. Jorge Fabio Llamas-Soforo, M.D., et al., 

No. 08-14-00073-CV in the Court of Appeals for the Eighth District of Texas at El 

Paso (“Quiroz”). Quiroz is a very complex medical malpractice case with a lengthy 

record arising out of a two-week trial before the undersigned became involved in 

the case. The central issue in Quiroz challenges an adverse jury verdict as contrary 

to the great weight and preponderance of the evidence, which requires the 

undersigned to review the record again for argument. The reporter’s record in that 

case consists of more than 4,900 pages. Although the argument in Quiroz is not 

scheduled until May 21, in light of the undersigned’s existing schedule, it is not 

possible to postpone preparations until after May 11. 

These commitments and obligations were incurred before the undersigned’s 

involvement in this appeal. These matters cannot be rescheduled or reassigned.

The record in this case consists of more than 4,800 pages of reporter’s 

record, inclusive of approximately 3,166 pages of exhibits. The appellant’s brief 

challenges the legal sufficiency of the evidence along with other fact-intensive 

questions. The preparation of an appropriate appellees’ brief will require the 
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 5

undersigned to undertake detailed review and analysis of the record. It is now 

apparent that despite the undersigned’s best efforts it will not be possible to 

complete an appropriate presentation of the appellees’ arguments and authorities in 

time for timely filing with this court by Monday, May 11, 2015. Further, in light of 

the undersigned’s present workload, the undersigned believes that if an extension 

of thirty days to file RLJ’s appellees’ brief were granted, he would be able to 

complete and file the appellees’ brief in this matter on or before Wednesday, June 

10, 2015.

III. No Previous Extensions of Appellees’ Brief Have Been Requested

RLJ has neither requested nor received any prior extensions of time to file 

the appellees’ brief in this cause. It requested and received an extension of thirty 

days for the filing of the cross-appellants’ brief in this matter. 

IV. Relief Requested 

Wherefore, for the foregoing reasons, RLJ respectfully requests that the 

court grant this motion and extend the time to file appellees’ brief from Monday, 

May 11, 2015, by thirty days up to and including Wednesday, June 10, 2015. RLJ 

further requests all other legal or equitable relief to which it may be justly entitled 

under this motion.
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 6

Respectfully submitted, 

MUNSCH HARDT KOPF & HARR PC

/s/ Michael W. Huddleston 

Michael W. Huddleston

State Bar No. 10148415

3800 Ross Tower

500 North Akard Street

Dallas, TX 75201

(214) 855-7500 Main Tel.

(214) 855-7572 Direct Tel.

(214) 855-7584 Main Fax

mhuddleston@munsch.com

ATTORNEYS FOR APPELLEES AND 

CROSS-APPELLANTS
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 7

Certificate of Conference

On April 30, 2015, the undersigned spoke by telephone with counsel for 

appellant and cross-appellee, who advised that appellant and cross-appellee are not 

opposed to this motion. 

/s/ Michael W. Huddleston

Michael W. Huddleston

Certificate of Service

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

upon counsel listed below on this 1st day of May, 2015 by e-file:

Weston M. Davis

Gregory N. Ziegler

Matthew Mumm

Macdonald Devin, P.C.

1201 Elm Street

3800 Renaissance Tower

Dallas, TX 75270

/s/ Michael W. Huddleston

Michael W. Huddleston