Ambit Marketing, LLC v. TLC Energy Group, LLC and Terry Lacore

• Court: Court of Appeals of Texas
• Decided: March 4, 2024
• Docket: 05-24-00009-CV
• Status: Published

Opinion

ACCEPTED 05-24-00009-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 3/4/2024 5:50 PM RUBEN MORIN CLERK

NO. 05-24-00009-CV

FILED IN IN THE COURT OF APPEALS 5th COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS AT DALLAS 3/4/2024 5:50:19 PM Ruben Morin Clerk AMBIT MARKETING, LLC,

Appellant,

v.

TLC ENERGY GROUP, LLC AND TERRY LACORE,

Appellees.

Appeal from the 471st Judicial District Court Collin County, Texas Cause No. 471-02108-2023

APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellees TLC Energy Group, LLC and Terry LaCore (collectively

“Appellees”) file this Unopposed Motion for Extension of Time to File their Brief

and show:

APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 1 I. SUMMARY OF MOTION

Appellees’ Brief in the above matter is due on March 4, 2024. Appellees

request a 20-day extension, moving the deadline to March 25, 2024.1 This is

Appellees’ first request for an extension of time to file Appellees’ Brief. This motion

is unopposed.

II. ARGUMENT AND AUTHORITIES

The Texas Rules of Appellate Procedure allow for the extension of a party’s

briefing deadline upon a motion under Rule 10.5(b). TEX. R. APP. P. 38.6(d) (citing

TEX. R. APP. P. 10.5(b)). Under Rule 10.5(b), the movant must identify the existing

deadline, the length of the extension requested, the factual basis for the extension,

and the number of prior extensions granted for the same deadline. TEX. R. APP. P.

10.5(b).

This is Appellees’ first requested extension, and the length of the extension

sought is 20 days. If this motion is granted, Appellees’ Brief will be due on

March 25, 2024. Appellant does not oppose the requested extension.

Counsel for Appellees request an extension due to deadlines that have

hindered their completion of Appellees’ Brief in this matter. Lead counsel in this

matter, Byron K. Henry, has had a number of other deadlines and requirements

precluding his ability to complete the Brief by the deadline, including the following:

1 Twenty days from March 4, 2024 is Sunday, March 24, 2024, thus, the date upon which the Brief would be due is March 25, 2024. See TEX. R. APP. P. 4.1(a). APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 2 • Prepare for and attend Jury Trial on February 6-14, 2024, in Cause No. CC-19-02768-D, in the County Court at Law No. 4, Dallas County, Texas.

• Prepare for and attend Pretrial Hearing on February 22, 2024, in Arbitration No. 01-22-0000-2651, before the American Arbitration Association.

• Prepare and file Appellant’s Reply Brief on February 26, 2024, in Cause No. 23-3134, in the Seventh Circuit Court of Appeals.

• Prepare for and attend Jury Trial on February 26-27, 2024, in Cause No. 429-02904-2019, in the 429th District Court, Collin County, Texas.

• Prepare for and attend Final Evidentiary Hearing on March 4-5, 2024, in Arbitration No. 01-22-0000-2651, before the American Arbitration Association.

Counsel for Appellees Walker Young also has had to attend to several

deadlines that have hindered and will hinder his work to complete Appellees’ Brief

and has been engaged in preparing the same briefs.

For these reasons, a 20-day extension of time is needed to complete

Appellees’ Brief in this matter. This extension is not sought for delay but so that

justice may be done.

III. CONCLUSION AND PRAYER For these reasons, Appellees TLC Energy Group, LLC and Terry LaCore

respectfully request the Court GRANT their Unopposed Motion for Extension of

Time to File Appellees’ Brief, order Appellees’ Brief due on or before March 25,

2024, and grant Appellees such other relief to which they may be justly entitled.

APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 3 Respectfully submitted,

By: BYRON K. HENRY State Bar No. 24008909 byron.henry@solidcounsel.com WALKER STEVEN YOUNG State Bar No. 24102676 walker.young@solidcounsel.com

SCHEEF & STONE, L.L.P. 2600 Network Blvd., Suite 400 Frisco, Texas 75034 (214) 472-2100 Phone (214) 472-2150 Fax

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Appellant’s counsel on March 1, 2024 and Appellant is unopposed to the relief requested in this motion. Certified to on March 1, 2024.

/s/ Walker Steven Young Walker Steven Young

APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 4 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this document has been delivered pursuant to TEX. R. APP. P. 9.5 to all counsel as indicated below on March 4, 2024:

Via Electronic Filing/Service: Thomas M. Melsheimer tmelsheimer@winston.com Katrina G. Eash keash@winston.com John Sanders jsanders@winston.com Ashley J. Wright ajwright@winston.com Jackson C. Smith jacsmith@winston.com WINSTON & STRAWN LLP 2121 N. Pearl St., Suite 900 Dallas, TX 75201

ATTORNEYS FOR APPELLANT

Byron K. Henry

APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF PAGE 5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Melissa Diaz on behalf of Byron Henry Bar No. 24008909 melissa.diaz@solidcounsel.com Envelope ID: 85182537 Filing Code Description: Motion Filing Description: Appellees' Unopposed Motion for Extension of Time to File Brief Status as of 3/5/2024 7:17 AM CST

Associated Case Party: Ambit Marketing, LLC

Name BarNumber Email TimestampSubmitted Status

Thomas Melsheimer tmelsheimer@winston.com 3/4/2024 5:50:19 PM SENT

Katrina Eash keash@winston.com 3/4/2024 5:50:19 PM SENT

John Sanders jsanders@winston.com 3/4/2024 5:50:19 PM SENT

Ashley Wright ajwright@winston.com 3/4/2024 5:50:19 PM SENT

Jackson Smith jacsmith@winston.com 3/4/2024 5:50:19 PM SENT

Associated Case Party: TLC Energy Group, Terry LaCore

Melissa Diaz melissa.diaz@solidcounsel.com 3/4/2024 5:50:19 PM SENT

Byron Henry byron.henry@solidcounsel.com 3/4/2024 5:50:19 PM SENT

Leslie Sanderson leslie.sanderson@solidcounsel.com 3/4/2024 5:50:19 PM SENT

Case Contacts

Houston Docket ECF_Houston@winston.com 3/4/2024 5:50:19 PM SENT