Michael D. Lee v. the Rogers Agency, C. Michael Rogers & New York Life Ins. Co. ( 2015 )

ACCEPTED 06-15-00037-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 10/26/2015 2:00:50 PM DEBBIE AUTREY CLERK NO. 06-15-00037-CV FILED IN IN THE COURT OF APPEALS FOR THE 6th COURT OF APPEALS TEXARKANA, TEXAS SIXTH DISTRICT OF TEXAS 10/26/2015 2:00:50 PM AT TEXARKANA DEBBIE AUTREY Clerk MICHAEL D. LEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLANT V. THE ROGERS AGENCY, C. MICHAEL ROGERS & NEW YORK LIFE INS. CO.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPELLEES SECOND MOTION TO EXTEND TIME FOR FILING BRIEF OF APPELLANT TO THE HONORABLE COURT OF APPEALS: MICHAEL D. LEE, Appellant, files this motion requesting an extension of time to file his Brief of Appellant, and would show unto the Court the following: I. This is Appellant’s second request for an extension of time in which to file his brief. Appellant’s brief is due to be filed on October 26, 2015. I. Counsel for Appellant has begun preparation of Appellant’s brief, however, due to other commitments counsel has been unable to complete research and finalize the brief in this case by the due date. Those commitments include: 1. Serving as court-order mediator in Elizabeth Asbel v. REG New Boston, LLC and Robert Taylor, No. 5:14-cv-152 In the United States District Court Eastern District of Texas, Texarkana Division; 2. Serving as mediator in Joanna Hurd v. Penny Smith, Cause No. 12C0656-005 in the District Court of Bowie County, Texas; 3. Serving as mediator in Eddie Ray Shuffield and wife, Chestene Shuffield v. Thomas Bui and wife, Mary Bui, Individually; and Thomas Bui & Sons, Inc., No. 46-CV-15-71-1 in the Circuit Court of Miller County, Arkansas; 4. Assisting in preparation of the Brief of Appellant in Burlington Resources Oil & Gas Company, LP v. Petromax Operating Company, Inc., Woodbine Acquisition, LLC n/k/a MD America Energy, LLC, Petrotexas, LLC, CH4 Energy II, LLC, and Texcal Energy South Texas, LP, No. 06-15-00044-CV in this Court; and 5. Attendance at the 19th Annual Eastern District of Texas 2015 Bench Bar Conference. III. Therefore, Appellant would request an extension of fourteen(14) days in which to file his brief. The requested extension should not in the ordinary course of procedure in this court delay oral argument and submission and is not requested for delay but that justice be served. WHEREFORE, PREMISES CONSIDERED, Appellant, MICHAEL D. LEE, prays that the time for filing his appellate brief be extended fourteen (14) days until November 9, 2015. Second Motion to Extend Time for Filing Brief of Appellant – Page 2 Respectfully submitted, /s/ John R. Mercy John R. Mercy Texas State Bar No. 13947200 MERCY p CARTER p TIDWELL, L.L.P. 1724 Galleria Oaks Drive Texarkana, TX 75503 Telephone: (903) 794-9419 Facsimile: (903) 794-1268 E-mail: jmercy@texarkanalawyers.com James A. Holmes Texas State Bar No. 00784290 THE LAW OFFICE OF JAMES HOLMES, PC 212 South Marshall Henderson, TX 75654 Telephone: (903) 657-2800 Facsimile: (903) 657-2855 Email: jh@JamesHolmesLaw.com ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE I have contacted Andrew Jubinsky, Attorney for Appellee, New York Life Insurance Company, regarding the relief sought by this motion and he has no objection to the motion. I attempted to contact LaToyia Pierce, Attorney for Appellees, The Rogers Agency and C. Michael Rogers, but have been unable to reach her and, therefore, do not know her position. /s/ John R. Mercy John R. Mercy Second Motion to Extend Time for Filing Brief of Appellant – Page 3 CERTIFICATE OF SERVICE I hereby certify that on October 26, 2015, a true and correct copy of the foregoing Second Motion to Extend Time for Filing Brief of Appellant was served on all counsel of record for Appellees by the Electronic Service Provider as follows: Ms. LaToyia Pierce WILSON, ELSER, MOSKOWITZ, EDLEMAN & DICKER LLP 4800 Bank of America Plaza 901 Main Street Dallas, TX 75202 Email: latoyia.pierce@wilsonelser.com Mr. Andrew Jubinsky FIGARI & DAVENPORT, LLP 3400 Bank of America Plaza 901 Main Street Dallas, TX 75202 Email: andy.jubinsky@figdav.com /s/ John R. Mercy John R. Mercy Second Motion to Extend Time for Filing Brief of Appellant – Page 4