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. § § § § § § § § § § § § § § § From the 200 th 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” collect ively) 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 re spectfully 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

CLERKUnopposed 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 , c ivil case number 4:12

- cv - 1759 i n 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 e xpert 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 i n the 298 th 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. G otham Insurance Company v. Larry Anders and Summit Financial Alliance, LLP , in cause number DC

- 14

- 06417 in the 44 th 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. Couns el 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 we ek of May 4, 2015.
5. Cedar Creek Corp. v. Pennsylvania Lumbermens Mutual Insurance Company , ci vil case number 3:15

- cv - 00844 i n 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 i n the United States District Court for the Southern District of Texas, McAllen Division, to beginUnopposed 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 prepara tion 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

recor d 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 preparati ons 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

re cord, 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 theUnopposed Motion for Extension of Time to File Appellees’ Brief Page 5

undersigned to u ndertake 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 t his 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 rec eived 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,
M UNSCH H ARDT K OPF & H AR R 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
A TTORNEYS FOR A PPELLEES AND C ROSS - A PPELLANTSUnopposed 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

o pposed 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 1 st 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