Clare Trevarthen v. Nationstar Mortgage LLC ( 2015 )

ACCEPTED 03-15-00011-CV 5299220 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/15/2015 10:58:12 AM JEFFREY D. KYLE CLERK No. 03-15-00011-CV In the FILED IN 3rd COURT OF APPEALS Third District Court of Appeals AUSTIN, TEXAS 5/15/2015 10:58:12 AM Austin, Texas JEFFREY D. KYLE Clerk CLARE TREVARTHEN Appellant V. NATIONSTAR MORTGAGE LLC; AUCTION.COM; JEREMIAH MCCLAIN; PAMELA CIRKIEL; SHAMICA THOMAS; AND HELEN G. KINNEMAN Appellees. Trial Court Cause No. 14-0187-C26 th In the 26 Judicial District Court of Williamson County, Texas Honorable Donna King, Presiding UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF TO THE HONORABLE COURT OF APPEALS: Appellee, Nationstar Mortgage LLC (“Nationstar”), respectfully moves to extend the time for filing its brief by thirty days, to and including June 19, 2015, as follows: 1. This is an appeal from a Final Order Granting Defendant Nationstar Mortgage LLC’s Traditional and No-Evidence Motion for Summary Judgment and Motion to Sever, which the trial court signed on November 10, 2014. CR:729-30. 2. Appellant filed a notice of appeal on December 3, 2014. CR:731. 3. The clerk’s record and reporter’s record were filed on February 2, 2015. 1 4. Appellant’s brief was initially due on March 9, 2015. Appellant subsequently filed two unopposed motions for extensions for a total of 42 days, which were granted. Appellant filed her brief on April 20, 2015. 5. Nationstar’s brief is currently due by May 20, 2015. Nationstar seeks a thirty-day extension of time to file its brief, to and including June 19, 2015. 6. In support of the requested extension, Nationstar would show that Daron L. Janis, who has primary responsibility for drafting Nationstar’s brief, has had a number of commitments during the initial briefing period, including a trial and two summary judgment hearings, that have required his time and attention and made him unable to prepare a brief by the current deadline. The other attorneys who are assisting Mr. Janis with preparation of Nationstar’s brief have had similar commitments during the initial briefing period. 7. This is Nationstar’s first request for an extension of time. As reflected in the Certificate of Conference below, this request is unopposed. PRAYER WHEREFORE, Nationstar prays that the Court grant this motion and extend the deadline for filing Appellee’s Brief in this matter by thirty days, to and including June 19, 2015. Nationstar also prays for such other and further relief to which it may be entitled in law or in equity. 2 Respectfully submitted, /s/ Daron L. Janis B. David L. Foster State Bar No. 24031555 dfoster@lockelord.com John W. Ellis State Bar No. 24078473 jellis@lockelord.com LOCKE LORD LLP 600 Congress Avenue, Suite 2200 Austin, Texas 78701 (512) 305-4700 (512) 305-4800 – Facsimile Thomas G. Yoxall State Bar No. 00785304 tyoxall@lockelord.com Daron L. Janis State Bar No. 24060015 djanis@lockelord.com LOCKE LORD LLP 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201 (214) 740-8000 (214) 740-8800 – Facsimile COUNSEL FOR APPELLEE NATIONSTAR MORTGAGE LLC CERTIFICATE OF CONFERENCE I certify that on May 15, 2015, I conferred with David Rogers, counsel for Appellant, who advised that he does not oppose the foregoing motion. /s/ Daron L. Janis Daron L. Janis 3 CERTIFICATE OF SERVICE I certify that on May 15, 2015, I am electronically filing this document through the electronic filing service provider, efile.txcourts.gov (the “EFSP”). Based on the EFSP’s records, the EFSP will transmit a Notification of Service to the following individual(s): David Rogers (Firm@DARogersLaw.com) COUNSEL FOR APPELLANT /s/ Daron L. Janis Daron L. Janis . 4