Jerry Wright and Staci Wright v. Gregory S. Menta ( 2015 )

ACCEPTED
05-15-00272-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
6/5/2015 5:24:40 PM
LISA MATZ
CLERK
NO. 05-15-00272-CV
FILED IN
5th COURT OF APPEALS
DALLAS, TEXAS
In the Fifth Court of Appeals
6/5/2015 5:24:40 PM
Dallas, Texas
LISA MATZ
Clerk
JERRY WRIGHT AND STACI WRIGHT,
Appellants,
v.
GREGORY S. MENTA,
Appellee.
On Appeal from the 59th District Court
Grayson, Texas
Trial Court Cause No. CV-12-0093
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellee Gregory S. Menta files this unopposed motion for extension of time
to file his brief under the authority of Texas Rules of Appellate Procedure 10.5(b)(1):
A. INTRODUCTION.
1. This is an appeal from an Order and Final Judgment with Amended Final
Arbitration Award.
2. Appellants filed their brief on May 6, 2015. Appellee’s brief is currently
due June 5, 2015.
3. Appellee requests a 30 day extension to file his Appellee’s Brief, or up
to and including July 6, 2015.
4. This is Appellee’s first request for an extension of time.
B. BASES FOR EXTENSION.
5. In addition to attempting to prepare the brief in this case, undersigned
counsel for Appellee has been otherwise engaged in:
* Prepared and presented a hearing in Jose & Edna Perez v. Loya
Insurance Company, Cause No. 2009-32923 in the 113th Judicial
District Court, Harris County, Texas, on May 29, 2015;
* Prepared and presented a hearing in Samuel Guerra v. Travelers Lloyds
of Texas Insurance Company, Cause No. 2009-33090 in the 125th
Judicial District Court, Harris County, Texas on May 29, 2015;
* Preparing a brief in Bay Area Healthcare Group, Ltd. d/b/a Corpus
Christi Medical Center v. Brenda Martinez, Cause No. 13-15-00118-
CV, in the Thirteenth Court of Appeals, due on June 5, 2015;
* Preparing a amici brief in Greater Houston Partnership v. Ken Paxton,
Texas Attorney General; and Jim Jenkins, Cause No. 13-0745, in the
Supreme Court of Texas;
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* Preparing a brief in Erin Lynn Stow and Katherine Bradley v. Slammin
4, LLC, et al., Cause No. 14-15-00044-CV, in the Fourteenth Court of
Appeals, Houston, Texas, due on June 10, 2015;
* Preparing a motion to compel in Henry Olusegun George, et al. v.
Hartford Life and Accident Insurance Company and Examination
Management Services, Inc., Cause No. 4:15-cv-00381, in the United
States District Court for the Southern District, Houston, Texas, and
* Preparing for a trial in Felicita Del Carmen Canas, et al. v. CenterPoint
Energy Resources Corp., Cause No. 2011-08170, in the 157th Judicial
District Court, Harris County, on June 15, 2015.
C. PRAYER.
6. For these reasons, Appellee asks that the court grant his extension of 30
days to file his brief, or up to and including July 6, 2015.
Respectfully submitted,
KELLY, DURHAM & PITTARD, L.L.P.
By: /s/ Peter M. Kelly
Peter M. Kelly (Lead Counsel)
State Bar No. 00791011
1005 Heights Boulevard
Houston, Texas 77008
Telephone: 713.529.0048
Facsimile: 713.529.2498
Email: pkelly@texasappeals.com
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PERDUE & KIDD
By: /s/ Donald H. Kidd
Donald H. Kidd, Co-Counsel
State Bar No. 11383100
510 Bering Drive, Suite 550
Houston, Texas 77057
Telephone: 713.520.2500
Facsimile: 713.520.2525
Email: dkidd@perdueandkidd.com
HYNDS & GORDON, P.C.
By: /s/ J. Don Gordon
J. Don Gordon, Co-Counsel
State Bar No. 08200200
500 North Sam Rayburn Freeway
Suite 200
Sherman, Texas 75090
Telephone: 903.892.1807
Facsimile: 903.893.2015
Email: jdon@hyndsgordon.com
Counsel for Appellee
Gregory S. Menta
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CERTIFICATE OF CONFERENCE
I, Peter M. Kelly, certify that I have conferred with opposing counsel, and
Bryan Burg does not oppose this request for an extension of time.
/s/ Peter M. Kelly
Peter M. Kelly
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CERTIFICATE OF SERVICE
A true and correct copy of this Unopposed Motion for Extension of Time to File
Appellee’s Brief has been forwarded to all counsel of record on June 5, 2015, as
follows:
Bryan H. Burg
SIEBMAN, BURG, PHILLIPS & SMITH, LLP
4949 Hedgcoxe Rd., Suite 230
Plano, Texas 75024
bryanburg@siebman.com
Via Facsimile: 214.387.9125
Clyde M. Siebman
SIEBMAN, BURG, PHILLIPS & SMITH, LLP
Federal Courthouse Square
300 N. Travis Street
Sherman, Texas 75090
clydesiebman@siebman.com
fax: 903.870.0066
Elvin E. Smith, III
LAW OFFICES OF ELVIN E. SMITH, III PLLC
307 Dartbrook
Rockwall, Texas 75087
esmith@eeslaw.com
fax: 972.722.3332
Counsel for Appellant Jerry Wright
/s/ Peter M. Kelly
Peter M. Kelly
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