Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc. ( 2015 )

ACCEPTED 03-14-00738-CV 5865989 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/29/2015 3:21:03 PM JEFFREY D. KYLE CLERK 03-14-00738-CV In the Court of Appeals FILED IN 3rd COURT OF APPEALS For the Third District of Texas at Austin AUSTIN, TEXAS 6/29/2015 3:21:03 PM JEFFREY D. KYLE Elness, Swenson, Graham Architects, Inc., Clerk Appellant and Cross-Appellee, v. RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP, and RLJ Lodging Fund II Acquisitions, LLC, Appellees and Cross-Appellants. On Appeal from the 200th Judicial District Court of Travis County, Texas Cause Number: D-1-GN-002325 The Honorable Stephen Yelenosky, Presiding Judge APPELLANT’S UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF Attorneys for Appellant and Cross-Appellee MACDONALD DEVIN, PC Gregory N. Ziegler 3800 Renaissance Tower Texas Bar No. 00791985 Dallas, Texas 75270 GZiegler@MacdonaldDevin.com 214.744.3300 telephone Weston M. Davis 214.747.0942 facsimile Texas Bar No. 24065126 WDavis@MacdonaldDevin.com Steven R. Baggett Texas Bar No. 01510680 SBaggett@MacdonaldDevin.com IDENTITY OF PARTIES AND COUNSEL Defendant/Appellant/Cross-Appellee Elness, Swenson, Graham Architects, Inc. Counsel for Defendant/Appellant/Cross-Appellee Gregory N. Ziegler Texas Bar No. 00791985 Steven R. Baggett Texas Bar No. 01510680 Weston M. Davis Texas Bar No. 24065126 MACDONALD DEVIN, PC 1201 Elm Street 3800 Renaissance Tower Dallas, Texas 75270 214.744.3300 Telephone 214.747.0942 Facsimile Counsel for Plaintiff/Appellee/Cross-Appellant RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP, and RLJ Lodging Fund II Acquisitions, LLC represented by Michael Huddleston Stephen Gibson Benton T. Wheatley Tracy L. McCreight Jessica C. Neufeld MUNSCH HARDT KOPF & HARR, P.C. 401 Congress Ave, Suite 3050 Austin, Texas 78701 512.391.6100 Telephone 512.391.6149 Facsimile 2 TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to Tex. R. App. P. 10.5(b) and 38.6(d), the Appellant and Cross- Appellee, Elness, Swenson, Graham Architects, Inc. (“ESG”), files this Unopposed Motion to Extend Time to File Appellant’s Reply Brief. ESG’s reply brief is currently due on July 1, 2015. Counsel for ESG requests a 15-day extension of time to file its brief, making the brief due on July 16, 2015. This is the first request for extension of time to file ESG’s reply brief. ESG and RLJ each previously requested one 30-day extension of time to file the Appellant’s and Cross- Appellant’s opening briefs and one 30-day extension of time to file corresponding response briefs. In addition to the routine matters that counsel must attend to in daily practice, counsel for ESG is preparing for the following matters: 1. Mediation of six related cases for breach of contractual duties involving healthcare services on July 7, 2015; 2. Poulos v. Neidich, No. 2013-CA-11693, in the Circuit Court for the Fifteenth Judicial Circuit in Palm Beach County Florida, Preparation for Trial Setting on August 17, 2015; and 3. Suncoast Post-Tension v. Peter Scoppa, et al., No. 4:13-cv-3125, in the United States District Court for the Southern District of Texas, preparation for docket call and trial on August 28, 2015. 3 Counsel for ESG seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done. Counsel for ESG has conferred with Michael W. Huddleston, counsel for the Cross-Appellant, and he has indicated that his client does not oppose this motion. All facts recited in this motion are within the personal knowledge of the counsel signing this motion, therefore no verification is necessary under Texas Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, ESG requests that this Court grant this Unopposed Motion to Extend Time to File Appellant’s Reply Brief and extend the deadline for filing Appellant’s Reply Brief up to and including July 16, 2015. ESG requests all other relief to which it may be entitled. 4 Respectfully submitted, MACDONALD DEVIN, PC By: /s/ Weston M. Davis Gregory N. Ziegler Texas Bar No. 00791985 GZiegler@MacdonaldDevin.com Steven R. Baggett Texas Bar No. 01510680 GZiegler@MacdonaldDevin.com Weston M. Davis Texas Bar No. 24065126 WDavis@MacdonaldDevin.com 1201 Elm Street 3800 Renaissance Tower Dallas, Texas 75270 214.744.3300 telephone 214.747.0942 facsimile Attorneys for Appellant Elness, Swenson, Graham Architects, Inc. CERTIFICATE OF SERVICE The undersigned attorney certifies that a true and correct copy of the foregoing Unopposed Motion to Extend Time to File Appellant’s Reply Brief was served on all counsel of record in accordance with the Texas Rules of Appellate Procedure via e-Filing, on June 29, 2015. /s/ Weston M. Davis Weston M. Davis 5 CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(5), I certify that counsel for ESG conferred with opposing counsel who indicated that his client does not oppose this motion. /s/ Weston M. Davis Weston M. Davis 6