Unopposed Motion for Extension of Time to File 

Cross-Appellants’ Reply Brief Page 1 

No. 03-14-00738-CV

Elness Swenson Graham 

Architects, Inc., 

Appellant & 

Cross-Appellee, 

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 Reply 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 fifteen days the time in which to file its 

cross-appellants’ reply brief. In support thereof, RLJ would respectfully show the 

court as follows:

ACCEPTED

03-14-00738-CV

5859687

THIRD COURT OF APPEALS

AUSTIN, TEXAS

6/29/2015 12:08:43 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/29/2015 12:08:43 PM JEFFREY D. KYLE Clerk
Unopposed Motion for Extension of Time to File 

Cross-Appellants’ Reply Brief Page 2

I. Current Deadline

RLJ’s Cross-Appellants’ Reply Brief is currently due to be filed with this 

Court on or before Wednesday, July 1, 2015. RLJ seeks an extension of fifteen 

days, up to and including Thursday, July 16, 2015, of the time to file its CrossAppellants’ Reply 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 appellees’ 

response brief on June 11 and the current due date of July 1 for the crossappellants’ reply brief, counsel has been required to turn his attention to Lyda 

Swinerton Builders, Inc. v. Oklahoma Surety Company, civil case number 4:12-cv1759 in The United States District Court for the Southern District of Texas, 

Houston Division, a case in which he is serving as an expert witness. The case has 

been called to trial July 6, 2015, and is requiring immediate review of voluminous 

materials in preparation for this testimony.

It has also been necessary for Counsel to become involved in protracted 

settlement discussion and analysis in connection with The Official Stanford 

Investors Committee, et al. v. Breazeale, Sachse & Wilson, LLP, et al., Civil 

Action No. 3:11-CV-00329-N in the United States District Court, Northern District 
Unopposed Motion for Extension of Time to File 

Cross-Appellants’ Reply Brief Page 3

of Texas and Janvey v. Adams & Reese LLP, Breazeale, Sachse & Wilson, LLP, et 

al., Civil Action No. 3:12-CV-00495-N in the United States District Court, 

Northern District of Texas. Counsel’s attention to two unfiled commercial claims 

and related investigation and discovery, one involving Aspen Creek Apartments 

and General Star Insurance Company and the other involving The Ranch at 

Guadalupe and Kenmore, Inc., has also been required. 

Finally, counsel has been diverted from work because of the serious illness 

of a close relative and measures needed to assist with the recent fall of his elderly 

mother.

It is now apparent that despite the undersigned’s best efforts, it will not be 

possible to complete an appropriate presentation of the Cross-Appellants’ 

arguments and authorities in reply in time for timely filing with this court by 

Wednesday, July 1, 2015. Further, in light of the undersigned’s present workload, 

the undersigned believes that if an extension of fifteen days to file RLJ’s CrossAppellants’ Reply Brief were granted, he would be able to complete and file said 

brief in this matter on or before Thursday, July 16, 2015.

III. No Previous Extensions of Cross-Appellants’ Reply Brief

Have Been Requested

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

the Cross-Appellants’ Reply Brief in this cause. It previously requested and 

received an extension of thirty days for the filing of the Cross-Appellants’ Brief 
Unopposed Motion for Extension of Time to File 

Cross-Appellants’ Reply Brief Page 4

and the Appellees’ Response Brief in this matter. Similar extensions have been 

requested and received by Appellant and Cross-Appellee. 

IV. Relief Not Opposed

On June 26, 2015, the undersigned conferred by telephone with Gregory N. 

Ziegler, counsel for Appellant and Cross-Appellee, concerning this motion. 

Mr. Ziegler advised that his client is not opposed to the granting of this motion. 

V. Relief Requested 

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

Court grant this motion and extend the time to file Cross-Appellants’ Reply Brief 

from Wednesday, July 1, 2015, by fifteen days up to and including Thursday, July 

16, 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 

Cross-Appellants’ Reply Brief Page 5

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 

Cross-Appellants’ Reply Brief Page 6

Certificate of Conference

On June 26, 2015, the undersigned spoke by telephone with counsel for 

Appellant and Cross-Appellee, who advised that Appellant and Cross-Appellee is 

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 29th day of June, 2015 by e-file:

Weston M. Davis

Gregory N. Ziegler

Steven R. Baggett

Macdonald Devin, P.C.

1201 Elm Street

3800 Renaissance Tower

Dallas, TX 75270

/s/ Michael W. Huddleston

Michael W. Huddleston