David Cole, Independent Administrator of the Estate of Kathryn Cole v. Amica Mutual Insurance Company

• Court: Court of Appeals of Texas
• Decided: September 24, 2015
• Docket: 05-15-00910-CV
• Status: Published

Opinion

ACCEPTED 05-15-00910-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 9/24/2015 1:50:42 PM LISA MATZ CLERK

No. 05-15-00910-CV FILED IN 5th COURT OF APPEALS In The DALLAS, TEXAS

COURT OF APPEALS 9/24/2015 1:50:42 PM LISA MATZ Clerk FIFTH DISTRICT OF TEXAS Dallas, Texas

David Cole, Independent Administrator of the Estate of Kathryn Cole, Deceased Appellant,

v.

Amica Mutual Insurance Company, Appellee.

On Appeal from Cause No. DC-15-02618-D In the 95th Judicial District Court of Dallas County, Texas Honorable Ken Molberg, Presiding Judge

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

TO THE HONORABLE DALLAS COURT OF APPEALS:

Appellant David Cole Independent Administrator of the Estate of Kathryn Cole,

Deceased (“Appellant”), represented by Jo Allison Stasney of Thompson, Coe, Cousins

& Irons, L.L.P. (email address: jstasney@thompsoncoe.com) files this Unopposed

Motion for Extension of Time to File Appellant’s Brief and respectfully shows:

1. The current deadline to file Appellant’s Brief is September 30, 2015.

Appellant’s Unopposed Motion for Extension of Time to File Appellant’s Brief Page 1 2284517v1 45840.199 2. Appellant seeks a 15-day extension of time to file its Brief. See Tex.

R. App. P. 38.6(d); 10.5 (b). Accordingly, Appellant seeks an extended deadline to

October 15, 2015.

3. This is Appellant’s first request for an extension of time to file its

Brief.

4. This extension of time is necessary due to the schedule of Appellant’s

lead appellate counsel, Jody Stasney. Specifically, her schedule prevents her from

preparing the Brief by the current deadline. Matters over the last few weeks being

handled by Ms. Stasney required immediate attention, including a federal court

removal with out-of-the-ordinary legal issues and finalizing settlements in a

seven-party insurance company lawsuit pending in federal court in Arizona

pursuant to the court’s September 2, 2015 order imposing a September 30, 2015

deadline, along with finalizing the settlement of a related bad faith action

pending in state court in Arizona. Additionally, Ms. Stasney has been attending

to personal matters involving the sale of her mother’s house in Fort Worth.

5. Counsel for Appellant has personally communicated with counsel for

Appellee regarding this motion, and Appellee is not opposed to this motion and

the relief sought.

For these reasons, Appellant respectfully requests that the Court grant this

motion and extend the deadline to file Appellant’s Brief until October 15, 2015,

and grant any other relief to which it is justly entitled.

Appellant’s Unopposed Motion for Extension of Time to File Appellant’s Brief Page 2 2284517v1 45840.199 Respectfully submitted,

___/s/ Jo Allison Stasney___________ Jo Allison Stasney State Bar No. 19080280

THOMPSON, COE, COUSINS & IRONS, L.L.P. Plaza of the Americas 700 N. Pearl Street, Twenty-Fifth Floor Dallas, TX 75201-2832 Telephone: (214) 871-8200 Telecopy: (214) 871-8209 E-Mail: jstasney@thompsoncoe.com

Wade C. Crosnoe State Bar No. 00783903

THOMPSON, COE, COUSINS & IRONS, L.L.P. 701 Brazos, Suite 1500 Austin, Texas 78701 Telephone: (512) 703-5078 Telecopy: (512) 708-8777 E-Mail: wcrosnoe@thompsoncoe.com

COUNSEL FOR DAVID COLE, INDEPENDENT ADMINISTRATOR OF THE ESTATE OF KATHRYN COLE, DECEASED

CERTIFICATE OF SERVICE

This is to certify that on the 24th day of September, 2015, a copy of the foregoing was sent via electronic notice and/or certified mail, return receipt requested to Appellee’s counsel as follows:

Neil A. Bickley Attorney at Law 301 S. Sherman, Suite 103 Richardson, TX 75081

s/ Jo Allison Stasney_______________ Jo Allison Stasney

Appellant’s Unopposed Motion for Extension of Time to File Appellant’s Brief Page 3 2284517v1 45840.199