David Tubb and Superior Shooting System, Inc., Appellants/Cross-Appellees v. Aspect International, Inc. and James Sterling, Appellees/Cross-Appellants ( 2015 )

ACCEPTED 12-14-00323-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 7/8/2015 2:13:15 PM CATHY LUSK CLERK NO. 12-14-00323-CV IN THE FILED IN 12th COURT OF APPEALS TWELFTH COURT OF APPEALS TYLER, TEXAS 7/8/2015 2:13:15 PM TYLER, TEXAS CATHY S. LUSK ___________________________________________________________________ Clerk DAVID TUBB, ET AL. APPELLANTS V. ASPECT INTERNATIONAL, INC., ET AL. APPELLEES __________________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEES Appellees, Aspect International, Inc. and James Michael Sterling, request a thirty (30) day extension of the deadline for filing their brief, pursuant to Tex. R. App. P. 10. 1. July 8, 2015, is the current deadline for filing Appellees’ brief. 2. A thirty (30) day extension is requested. 3. The following facts are relied on to reasonably explain the need for an extension. Keith Dollahite (the “attorney”) has not had adequate time to review the record, research the law, and prepare a brief. June 8 The attorney received notice that Appellees’s brief was due on July 8. June 9 The attorney prepared pleadings in order to comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No. D15-24152-CV, in the 13th District Court, Navarro County, Texas; and prepared settlement documents and participated in conference calls with opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402nd Judicial 1 District, Wood County, Texas. June 10 The attorney prepared pleadings in order to comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No. D15-24152-CV, in the 13th District Court, Navarro County, Texas; prepared settlement documents and participated in conference calls with opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402nd Judicial District, Wood County, Texas; prepared form contracts for a general contractor client; and participated in a construction site meeting with a client in an easement dispute. June 11 The attorney prepared for and attending a hearing in In the Matter of the Marriage of Sarah Jeannean Burgess and Danny Burgess, Cause No. 10-2857-E, in the County Court at Law, Smith County, Texas; met with his client regarding a potential conflict in a lawsuit; prepared settlement documents and conferred with opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402nd Judicial District, Wood County, Texas. June 12 The attorney met with a new client; prepared form contracts for a general contractor client; met with his client regarding a potential conflict in a lawsuit; prepared settlement documents and conferred with opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial District, Wood County, Texas; and prepared pleadings in order to comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No. D15-24152-CV, in the 13 th District Court, Navarro County, Texas. June 13 Saturday. June 14 Sunday. June 15 The attorney prepared pleadings in order to comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No. D15-24152-CV, in the 13th District Court, Navarro County, Texas; and prepared dismissal documents in Elmer C. Honath, et al. v. Ironwood Oil & Gas LLC, et al., Cause No. D12-21145-CV, in the 13 th Judicial 2 District, Navarro County, Texas; and met with a client regarding an easement dispute at a construction site. June 16 The attorney prepared a proposed supply contract for an out-of-state transaction and researched legal authorities affecting same; the attorney participated in conference calls with opposing counsel and his client in Fuentes, et al. v. Riggle, No. 6:14-CV-00179, in the United States District Court for the Eastern District of Texas, Tyler Division; and prepared settlement documents and conferred with opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial District, Wood County, Texas. June 17 The attorney prepared settlement documents and conferred with opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial District, Wood County, Texas. June 18 The attorney prepared settlement documents and conferred with opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial District, Wood County, Texas. June 19 The attorney prepared a reply brief in IN RE LAZY W DISTRICT NO . 1, No. 15-0117, in the Texas Supreme Court. June 20 The attorney prepared a reply brief in IN RE LAZY W DISTRICT NO . 1, No. Saturday 15-0117, in the Texas Supreme Court. June 21 The attorney prepared a reply brief in IN RE LAZY W DISTRICT NO . 1, No. Sunday 15-0117, in the Texas Supreme Court. June 22 The attorney prepared a reply brief in IN RE LAZY W DISTRICT NO . 1, No. 15-0117, in the Texas Supreme Court. June 23 The attorney traveled to Dallas for a meeting with a potential new client. 3 June 24 The attorney prepared settlement documents and conferred with opposing counsel, co-counsel, and clients in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial District, Wood County, Texas; prepared pleadings in order to comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No. D15-24152-CV, in the 13 th District Court, Navarro County, Texas; and prepared lease amendments for a client. June 25 The attorney prepared a proposed supply contract for an out-of-state transaction and researched legal authorities affecting same; reviewed and answered incoming correspondence from the previous few days; and prepared for mediation in Fuentes, et al. v. Riggle, No. 6:14-CV- 00179, in the United States District Court for the Eastern District of Texas, Tyler Division. June 26 The attorney met with co-counsel in Monty Clay, et al. v. AIG Aerospace Insurance Services, Inc., et al., No. 06-15-00024-CV, in the 6th Court of Appeals, Texarkana, Texas. June 27 Saturday. June 28 Sunday. June 29 The attorney met with his client and vendors, and prepared a proposed supply contract for an out-of-state transaction and researched legal authorities affecting same; and prepared for mediation in Fuentes, et al. v. Riggle, No. 6:14-CV-00179, in the United States District Court for the Eastern District of Texas, Tyler Division. June 30 The attorney prepared for mediation in Fuentes, et al. v. Riggle, No. 6:14-CV-00179, in the United States District Court for the Eastern District of Texas, Tyler Division; prepared pleadings in order to comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No. D15-24152-CV, in the 13th District Court, Navarro County, Texas; and met with a client regarding an easement dispute at a construction site. July 1 The attorney reviewed a demand letter issued to a client and prepared a response to same; prepared pleadings in order to comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., 4 Cause No. D15-24152-CV, in the 13 th District Court, Navarro County, Texas; and prepared discovery responses to comply with deadlines in CompleteRX, Ltd v. Mother Frances Hospital Regional Health Care, No. 01-14-0001-1844, before the American Arbitration Association, Dallas, Texas. July 2 The attorney prepared for mediation in Fuentes, et al. v. Riggle, No. 6:14-CV-00179, in the United States District Court for the Eastern District of Texas, Tyler Division; prepared pleadings in order to comply with deadlines in Dralie Partners, Ltd., v. Ironwood Oil & Gas LLC, et al., Cause No. D15-24152-CV, in the 13th District Court, Navarro County, Texas; and met with clients and co-counsel to review settlement documents in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial District, Wood County, Texas. July 3 Office closed in observance of July 4. July 4 Saturday. July 5 Sunday. July 6 The attorney prepared for mediation in Fuentes, et al. v. Riggle, No. 6:14-CV-00179, in the United States District Court for the Eastern District of Texas, Tyler Division; and prepared for mediation in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402nd Judicial District, Wood County, Texas. July 7 The attorney attended mediation in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial District, Wood County, Texas. July 8 The attorney attended mediation in Pioneer Royalty, Inc., et al. v. Gaither Petroleum Corp., et al., Cause No. 2012-255, in the 402 nd Judicial District, Wood County, Texas. 4. The attorney plans to complete the Appellees’ brief within the next thirty (30) days. 5. This is Appellees’ first request for an extension of this deadline. 5 WHEREFORE, Appellees, Aspect International, Inc. and James Michael Sterling, request the Court to grant this motion. Respectfully submitted, M. KEITH DOLLAHITE, P.C. 5457 Donnybrook Avenue Tyler, Texas 75703 (903) 581-2110 (903) 581-2113 (Facsimile) /s/ Keith Dollahite By:______________________________________ M. Keith Dollahite State Bar No. 05958550 CERTIFICATE OF CONFERENCE Before filing this motion, Greg Smith, the attorney for Appellants, was contacted about this motion, and he indicated he does not oppose this motion. /s/ Keith Dollahite ________________________________________ 6