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
5127176
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/1/2015 5:06:46 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00738-CV
Elness Swenson Graham § From the 200th DistrictFILED
CourtIN
3rd COURT OF APPEALS
Architects, Inc., § AUSTIN, TEXAS
§ 5/1/2015 5:06:46 PM
Appellants & § JEFFREY D. KYLE
Cross-Appellees, § Clerk
§
v. §
§
RLJ II-C Austin Air, LP, RLJ II-C §
Austin Air Lessee, LP and RJL §
Lodging Fund II Acquisitions,, §
§
Appellees & §
Cross-Appellants. §
§ 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” 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 thirty days the time in which to file its
appellee’s brief. In support thereof, RLJ would respectfully show the court as
follows:
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 1
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, civil
case number 4:12-cv-1759 in 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 expert 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 in the 298th District Court, Dallas County,
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 2
Texas, and has been reviewing and analyzing those materials in
preparation for a report due on May 6, 2015.
3. Gotham Insurance Company v. Larry Anders and Summit Financial
Alliance, LLP, in cause number DC-14-06417 in the 44th 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. Counsel 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 week of May 4, 2015.
5. Cedar Creek Corp. v. Pennsylvania Lumbermens Mutual Insurance
Company, civil case number 3:15-cv-00844 in 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 in the United States District Court
for the Southern District of Texas, McAllen Division, to begin
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 3
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 preparation
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
record 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 preparations 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
record, 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 the
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 4
undersigned to undertake 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 this 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 received 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 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 Appellees’ Brief Page 6
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
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 1st 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
Unopposed Motion for Extension of Time to File Appellees’ Brief Page 7