Central Austin Apartments, LLC UP-32nd Street, LLC And UP-32nd Street Hospitality, LLC// East Ave Nue Property Owners' Association, Inc. and UP Austin Holdings, LP and UP Austin Land Holdings, LP v. UP Austin Holdings, LP UP Austin Land Holdings, LP And East Avenue Property Owners' Association, Inc.// Central Austin Apartments, LLC UP-32nd Street, LLC And UP-32nd Street Hospitality, LLC

• Court: Court of Appeals of Texas
• Decided: January 20, 2015
• Docket: 03-13-00080-CV
• Status: Published

Opinion

ACCEPTED 03-13-00080-CV 3820406 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/20/2015 9:39:42 AM JEFFREY D. KYLE CLERK NO. 03-13-00080-CV

FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT 1/20/2015 9:39:42 AM OF TEXAS AT AUSTIN JEFFREY D. KYLE Clerk

APPELLANTS CENTRAL AUSTIN APARTMENTS, LLC, UP-32ND STREET, LLC, UP-32ND STREET HOSPITALITY, LLC // CROSS-APPELLANTS EAST AVENUE PROPERTY OWNERS’ ASSOCIATION, INC., UP AUSTIN HOLDINGS, LP and UP AUSTIN LAND HOLDINGS, LP

v.

APPELLEES UP AUSTIN HOLDINGS, LP, UP AUSTIN LAND HOLDINGS, LP, and EAST AVENUE PROPERTY OWNERS’ ASSOCIATION, INC. // CROSS-APPELLEES CENTRAL AUSTIN APARTMENTS, LLC, UP-32ND STREET, LLC, UP-32ND STREET HOSPITALITY, LLC

Appeal from the 53rd Judicial District Court of Travis County, Texas Honorable Scott Jenkins, Presiding Trial Court No. D-1-GN-11-003367

SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME TO FILE MOTION(S) FOR REHEARING

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 49.8,

Appellees/Cross-Appellants UP Austin Holdings, LP and UP Austin Land

Holdings, LP (collectively, “UP Austin”), Appellee/Cross-Appellant East Avenue

Property Owners’ Association, Inc. (“POA”), and Appellants/Cross-Appellees

Central Austin Apartments, LLC, UP-32nd Street, LLC, and UP-32nd Street Hospitality, LLC (collectively, “Cypress Defendants”) file this Second Joint

Agreed Motion for Extension of Time to File Motion(s) for Rehearing and

respectfully request that this Honorable Court grant each party a 7-day extension of

time to file a Motion for Rehearing, to and including January 29, 2015.

In support thereof, the parties would respectfully show the Court as follows:

1. This Court issued its 44-page opinion and judgment in Central Austin

Apartments, LLC, et al. v. UP Austin Holdings, LP, et al., No. 03-13-00080-CV, on

December 8, 2014.

2. On December 19, 2014, the parties jointly filed a motion requesting a 30-

day extension of time to file motion(s) for rehearing. The Court granted that

motion on December 22, 2014.

3. The parties’ respective Motion(s) for Rehearing currently are due on

January 22, 2015.

4. The parties request an extension of time of 7 days, to and including,

January 29, 2015. This is each party’s second request for an extension on any

motion for rehearing.

4. Good cause supports this request. The parties actively have pursued

settlement discussions since the Court issued its opinion and currently are working

on finalizing the language of a settlement agreement. The parties are optimistic

SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME TO FILE MOTION(S) FOR REHEARING – PAGE 2 that a settlement, which would allow the trial court to dismiss the action on

remand, will be reached.

5. This extension is not sought for delay, but rather to allow the parties and

counsel to finalize a settlement agreement, which would obviate the need for

further proceedings on the merits in this Court and any other.

PRAYER

For the foregoing reasons, the parties pray that the Court grant this Second

Joint Agreed Motion for Extension of Time to File Motion(s) for Rehearing, and

grant each party an additional 7 days, to and including January 29, 2015, in which

to file a Motion for Rehearing. The parties pray for such other and further relief to

which they may be entitled.

SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME TO FILE MOTION(S) FOR REHEARING – PAGE 3 Respectfully submitted,

/s/ Thomas S. Leatherbury /s/ Jane M. N. Webre Thomas S. Leatherbury Jane M. N. Webre State Bar No. 12095275 State Bar No. 21050060 Matthew R. Stammel Sara W. Clark State Bar No. 24010419 State Bar No. 00794847 Scott, Douglass & McConnico, L.L.P. VINSON & ELKINS LLP 600 Congress Avenue, Suite 1500 2001 Ross Avenue, Suite 3700 Austin, Texas 78701 Dallas, Texas 75201-2975 E-mail: jwebre@scottdoug.com 214.220.7700 E-mail: sclark@scottdoug.com 214.999.7705 (facsimile) tleatherbury@velaw.com Jeffrey J. Hobbs mstammel@velaw.com State Bar No. 24012837 J. Bruce Scrafford Attorneys for Appellees/Cross- State Bar No. 17931100 Appellants UP Austin Holdings, LP Armbrust & Brown, PLLC 100 Congress Avenue, Suite 1300 and UP Austin Land Holdings, LP Austin, Texas 78701 E-mail: jhobbs@abaustin.com /s/ Eric J. Taube E-mail: bscrafford@abaustin.com Eric J. Taube Attorneys for Appellant/Cross-Appellee State Bar No. 19679350 East Avenue Property Owners’ Neal Meinzer Association, Inc. State Bar No. 00797065 Hohmann, Taube & Summers, L.L.P. 100 Congress Avenue, 18th Floor Austin, Texas 78701 E-mail: erict@hts-law.com E-mail: nealm@hts-law.com

Attorneys for Appellants/Cross-Appellees Central Austin Apartments, L.L.C., UP-32nd Street, L.L.C., and UP-32nd Street Hospitality, L.L.C.

SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME TO FILE MOTION(S) FOR REHEARING – PAGE 4 CERTIFICATE OF SERVICE The undersigned certifies that on the 20th day of January 2015, the foregoing Second Joint Motion for an Extension of Time to File Motion(s) for Rehearing was served on the following attorneys in accordance with the requirements of the Texas Rules of Appellate Procedure via electronic filing or email.

Jeffrey J. Hobbs Eric J. Taube J. Bruce Scrafford Neal Meinzer Armbrust & Brown, PLLC Hohmann, Taube & Summers, L.L.P. 100 Congress Avenue, Suite 1300 100 Congress Avenue, 18th Floor Austin, Texas 78701 Austin, Texas 78701 E-mail: jhobbs@abaustin.com E-mail: erict@hts-law.com E-mail: bscrafford@abaustin.com E-mail: nealm@hts-law.com

Jane M. N. Webre Attorneys for Sara W. Clark Appellants/Cross-Appellees Scott, Douglass & McConnico, L.L.P. Central Austin Apartments, L.L.C., 600 Congress Avenue, Suite 1500 UP-32nd Street, L.L.C., and Austin, Texas 78701 UP-32nd Street Hospitality, L.L.C. E-mail: jwebre@scottdoug.com E-mail: sclark@scottdoug.com

Attorneys for Appellant/Cross-Appellee East Avenue Property Owners’ Association, Inc. /s/ Thomas S. Leatherbury Thomas S. Leatherbury

US 3253154

SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME TO FILE MOTION(S) FOR REHEARING – PAGE 5