Capital One, N.A. v. Stanley C. Haddock ( 2015 )

ACCEPTED 05-14-01442-cv FIFTH COURT OF APPEALS DALLAS, TEXAS 5/28/2015 2:33:52 PM LISA MATZ CLERK IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS AT DALLAS FILED IN _________________________________ 5th COURT OF APPEALS DALLAS, TEXAS 5/28/2015 2:33:52 PM NO. 05-14-01442-CV LISA MATZ ________________________________ Clerk CAPITAL ONE, N.A., Appellant v. STANLEY C. HADDOCK, Appellee ____________________________________________________________________ On Appeal from 44th District Court Dallas County, Texas Trial Court Cause No. DC-08-13162 ____________________________________________________________________ CAPITAL ONE, N.A.’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF INTRODUCTION 1. Appellant is Capital One, N.A. 2. Appellee is Stanley C. Haddock. ARGUMENT & AUTHORITIES 3. The Court may grant Appellant additional time to file its Appellant’s Reply Brief under Texas Rule of Appellate Procedure 38.6(d). Appellant’s Reply Brief is currently due May 28, 2015. Appellant’s counsel was ill part of last week, and was out of town part of the prior week on business. His client contact is out this week. In order to CAPITAL ONE, N.A.’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF – Page 1 afford Appellant’s counsel adequate time to finish the Reply Brief (and to follow up on a possible Stipulation regarding lost or missing items in record), and to afford Appellant time to review and approve the Reply Brief, Appellant requests a very short extension of time (6 days) to file its Reply Brief. Appellee’s counsel does not oppose this request. 4. This is the first request for extension of time that Appellant has requested with respect to the Reply Brief (Appellant and Appellee each requested an additional two weeks for their principal briefs). 5. Appellant’s Reply Brief is now due to be filed on May 28, 2015. Appellant requests an additional 6 days to file it, extending the time to Wednesday, June 3, 2015. 6. This motion is timely filed under Texas Rule of Appellate Procedure 38.6. Finally, this motion is not for delay but, rather, that justice be done. PRAYER For these reasons, Appellant asks the Court to grant it an extension of time to file its Appellant’s Brief, extending the deadline by 6 days until June 3, 2015, and for all other relief to which it may be justly entitled. CAPITAL ONE, N.A.’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF – Page 2 Respectfully submitted, /s Brian A. Kilpatrick Brian A. Kilpatrick Texas Bar No. 00784392 Jackson Walker L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 Tel: (214) 953-5933 Fax: (214) 661-6656 Email: bkilpatrick@jw.com COUNSEL FOR APPELLANT CAPITAL ONE, N.A. CERTIFICATE OF CONFERENCE On May 28, 2015, I conferred with Appellee’s counsel, and he is unopposed to the relief requested herein. /s Brian A. Kilpatrick Brian A. Kilpatrick CERTIFICATE OF SERVICE I hereby certify that the foregoing was served on the following counsel of record on this 28th day of May, 2015: Via Telecopier (972) 233-4971 Mr. Stephen A. Khoury Kelsoe, Anderson, Khoury, & Clark, PC 5220 Spring Valley Road, Suite 500 Dallas, Texas 75254 /s Brian A. Kilpatrick Brian A. Kilpatrick 13501323v.1 CAPITAL ONE, N.A.’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF – Page 3