Ewb-I, Llc v. Sharpstown Mall Texas, LLC. ( 2015 )

ACCEPTED
01-15-00527-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/16/2015 3:48:14 PM
CHRISTOPHER PRINE
CLERK
IN THE COURT OF APPEALS
FIRST JUDICIAL DISTRICT FILED IN
HOUSTON, TEXAS 1st COURT OF APPEALS
HOUSTON, TEXAS
__________________________________________________________________
11/16/2015 3:48:14 PM
No. 01-15-00527-CV CHRISTOPHER A. PRINE
Clerk
__________________________________________________________________
EWB-I, LLC, Appellant
vs.
SHARPSTOWN MALL TEXAS, LLC, Appellee
__________________________________________________________________
On Appeal from the 215th Judicial District Court
of Harris County, Texas, Cause No. 2010-71771
__________________________________________________________________
APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO
FILE APPELLANT’S BRIEF
__________________________________________________________________
Appellant EWB-I, LLC files this Motion for Extension of Time to File
Appellant’s Brief. Appellant’s Brief is currently due on December 3, 2015.
Appellant seeks an extension of time to and including January 15, 2016 in which to
file Appellant’s Brief. This is Appellant’s first request for an extension, and it is
unopposed.
The clerk’s record was not filed in this case until November 3, 2015, and the
record is voluminous. Before and since that time, Appellant’s lead appellate
counsel, Justin Waggoner, was required to devote substantially all of his time to
trial preparation in a case styled Cause No. 2013-52205; DDAB Interests, Inc. et al.
535697.1
v. Dresser-Rand Company, Dresser-Rand Group, Inc., in the 189th Judicial
District Court of Harris County, Texas, which settled on the eve of its
November 16, 2015 trial setting. Mr. Waggoner’s trial preparation efforts have
resulted in the deferral of work on other matters that will require a substantial
amount of Mr. Waggoner’s attention over the coming weeks. In light of
Mr. Waggoner’s conflicting engagements since the time period for preparation and
filing of Appellant’s briefing began to run, as well as the approach of the holidays,
Appellant requests that its deadline to file Appellant’s Brief be extended to
January 15, 2016. This extension is not sought for delay only but so that justice
may be done.
For the foregoing reasons, Appellant requests that the Court extend its
deadline to file Appellant’s Brief to January 15, 2016.
Respectfully submitted,
SMYSER KAPLAN & VESELKA, LLP
By: /s/ Justin Waggoner
Justin Waggoner
State Bar No. 24003122
700 Louisiana, Suite 2300
Houston, Texas 77002
Telephone: (713) 221-2325
Facsimile: (713) 221-2320
jwaggoner@skv.com
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535697.1
SIEGMYER, OSHMAN & BISSINGER LLP
David K. Bissinger
State Bar No. 00790311
Gerald S. Siegmyer
State Bar No. 18343300
Jason E. Williams
State Bar No. 24047113
2777 Allen Parkway, Tenth Floor
Houston, Texas 77019
Telephone: (713) 524-8811
Facsimile: (713) 524-4102
dbissinger@bizlawhouston.com
gsiegmyer@bizlalwhouston.com
jwilliams@bizlawhouston.com
ATTORNEYS FOR PLAINTIFF
EWB-I, LLC
CERTIFICATE OF CONFERENCE
I certify that I have conferred with counsel for Appellees and confirmed that
the foregoing motion is unopposed.
/s/ Justin Waggoner
Justin Waggoner
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing instrument was served
on all counsel of record in accordance with the Texas Rules of Appellate Procedure
on November 16, 2015.
/s/ Justin Waggoner
Justin M. Waggoner
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535697.1