John C. Ganter v. Independent Bank, F/K/A United Community Bank, N.A. ( 2015 )

ACCEPTED 05-15-00413-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 9/24/2015 3:30:21 PM LISA MATZ CLERK No. 05-15-00413-CV _________________________________________ FILED IN IN THE COURT OF APPEALS 5th COURT OF APPEALS FIFTH DISTRICT OF TEXAS AT DALLAS DALLAS, TEXAS 9/24/2015 3:30:21 PM _________________________________________ LISA MATZ Clerk JOHN C. GANTER, Appellant v. INDEPENDENT BANK, F/K/A/ UNITED COMMUNITY BANK, N.A, Appellee _________________________________________ APPEAL FROM THE 298TH DISTRICT COURT DALLAS COUNTY, TEXAS Honorable Emily Tobolowsky, Judge Presiding _________________________________________ THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF To the Honorable Court of Appeals: Pursuant to Tex. R. App. P. 10.5(b) and 38.6(d), Appellee Independent Bank (Appellee) files this Motion seeking a third extension of 28 days to file Appellee’s Brief and respectfully shows the Court as follows: 1. This is Appellee’s third requested extension of time. 2. Pursuant to the Court of Appeals’ order dated August 26, 2015, Appellee’s Brief is due on September 25, 2015. Appellee requests a third 28-day extension to file the Brief. 3. Appellee requests the extension because the undersigned counsel, lead trial and appellate counsel for Appellee, has been unable to complete the Brief due to numerous conflicting matters, including preparing for pretrial and trial in the United States District Court for Western District of Texas in a case styled Paso del Norte Motors, LP v. Tri Star Partners, LLC, Cause No. 3:15-cv-00033-PRM, as well as preparation for multiple arbitration proceedings. Additionally, lead trial and appellate counsel for Appellee continues to deal with a number of health issues necessitating his absence from work. 4. As of the date of this Motion, counsel for Appellant has not responded to counsel for Appellee’s attempts to conference regarding this motion. WHEREFORE, Appellee Independent Bank prays that this Court extend the deadline to file Appellee’s Brief by 28 days, and for such other relief to which it may be justly entitled. Respectfully submitted, /s/ Brandon Starling________________ Timothy D. Zeiger State Bar No. 22255950 Brandon Starling State Bar No. 24047556 SHACKELFORD, MELTON, MCKINLEY, AND NORTON LLP 3333 Lee Parkway, Tenth Floor Dallas, Texas 75219 Telephone (214) 780-1400 Telecopy (214) 780-1401 tzeiger@shackelfordlaw.net bstarling@shackelfordlaw.net COUNSEL FOR APPELLEE CERTIFICATE OF CONFERENCE On September 23, 2015, I attempted to conference with counsel for Appellant Michael Lang via email and telephone, but he did not respond to my attempts. On September 24, 2015, I again attempted to confer with Mr. Lang via email, but as of the date of this Motion, Mr. Lang has not responded to my attempts. /s/ Brandon Starling________________ Brandon Starling CERTIFICATE OF SERVICE A true copy of the foregoing Motion was served on September 24, 2015, on the following: Michael J. Lang mlang@ghjhlaw.com Gruber Hurst Elrod Johansen Hail Shank LLP 1445 Ross Avenue, Suite 2500 Dallas, Texas 75202 /s/ Brandon Starling________________ Brandon Starling