David Martin Camp and Bargains for Millionaires LLC D/B/A Revival v. Dawn Patterson

Opinion

ACCEPTED

03-16-00733-CV

14564354

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/4/2017 4:33:21 PM

JEFFREY D. KYLE

CLERK

03-16-00733-CV FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

1/4/2017 4:33:21 PM

In the JEFFREY D. KYLE Clerk

Third Court of Appeals SITTING AT AUSTIN

DAVID MARTIN CAMP AND BARGAINS FOR MILLIONAIRES, LLC D/B/A REVIVAL

Appellants,

V.

DAWN PATTERSON,

Appellee

Appealed from the 126 th District Court Travis County Texas

Trial Court Cause No. D-1-GN-16-002212

APPELLEE'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S BRIEF

Joshua R. Hilbe Texas State Bar No. 24092513 jhilbe@chadpinkerton.com THE PINKERTON LAW FIRM 5020 Montrose Blvd., Suite 550 Houston, Texas 77006 Phone: (713) 360-6722 Fax: (713) 360-6810 Attorneys for Appellee

A, INTRODUCTION

1. Appellants are DAVID MARTIN CAMP and BARGAINS FOR

MILLIONAIRES, LLC d/b/a REVIVAL. Appellee is DAWN PATTERSON.

2. This is an appeal from the trial court's October 10, 2016 denial of a

motion to dismiss pursuant to the Texas Anti-SLAPP statute or the Texas Citizens

Participation Act. See Tex. Civ. Prac. & Rem. Code Ann. §27.003.

3. Appellant's brief was filed on December 15, 2016.

4. This motion to extend time is filed before Appellee's brief is due.

5. This motion is unopposed.

B. ARGUMENT AND AUTHORITIES

6. If a motion for extension complies with Rule I 0.5(b ), the Court has

authority to extend the time for a party to file a brief. Tex. R. App. P. 38.6(d). The motion

can be filed "before or after the date the brief is due." Id. This motion complies with Tex.

R. App. P. 10.5(b)

7. Appellee's brief is due on or before January 5, 2017.

8. No prior extension has been granted to file Appellee's brief.

9. Appellee requests an additional 20 days to file her brief, extending the

deadline to January 25, 2017.

10. To be entitled to an extension, appellees must state facts that reasonably

explain the need for an extension. Tex. R. App. P. 10.5(b)(l)(C). A "reasonable

explanation" is "any plausible statement of circumstances" indicating the need for

additional time. Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex. 2003). Appellee needs

additional time to prepare and file her brief for the following reasons:

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a. Appellee's counsel, along with co-counsel J. Joshua Collum, was in trial

all day on January 3, 2017 in Cause No. 2015-23775, Helen Berard,

Individually and as next friend of Angie Wright v. Ysabel Garcia; in the

80th Judicial District Court of Harris County, Texas. In addition to being

out of the office all day on January 3, 2017, Appellee's counsel needed to

prepare for the trial, prepare, exchange and review all pre-trial materials

with opposing counsel, prepare voir dire, prepare direct examination of

the plaintiff, and prepare closing arguments. See Exhibit A.

b. When Appellee received notice of Appellants' Brief, the Clerk of the 3rd

Court of Appeals initially calendared Appellee's response due date as

January 17, 2017. See Exhibit B. When Appellee's counsel called the

Court on January 4, 2017 to confirm the due date, the clerk advised that

the due date of January 17, 20 I 7 was in error and that the actual due date

was January 5, 2017.

I I. For these reasons, Appellee's counsel will not be able to complete

Appellee's brief in the instant cause before the current January 5, 2017, due date. This

extension is not sought for the purposes of delay.

C. PRAYER

12. For these reasons, Appellee asks the Court to extend the time for filing

Appellee's brief for 20 days from January 5, 2017 until January 25, 2017. Appellee

prays the Court for such other and further relief, at law or in equity, as to which she shall

show herself justly entitled.

4

Respectfully submitted,

THE PINKERTON LAW FIRM, PLLC

ls/Joshua R. Hilbe C. Chad Pinkerton Tx. Bar No. 24047199 Joshua R. Hilbe Tx. Bar No. 24092513 5020 Montrose Blvd, Suite 550 Houston, Texas 77006 713-360-6722 (Office) 713-360-6810 (Facsimile) www.ChadPinkerton.com

5

CERTIFICATE OF CONFERENCE

I hereby certify that on January 4, 2017, pursuant to Tex. R. App. P. 10.l(a)(S), I conferred with Counsel for Appellants by e-mail and he is unopposed to and in agreement with the reliefrequested herein.

ls/Joshua R. Hilbe Joshua R. Hilbe

CERTIFICATE OF SERVICE

I hereby certify that on January 4, 2017, a true and correct copy of the foregoing was sent by E-service in accordance with Tex. R. App. P. 9.5(b) to the following counsel ofrecord:

Daniel R. Dutko HANSZEN LAPORTE 11767 Katy Freeway, Suite 850 Houston, Texas 77079 Attorney for Appellants David Camp and Bargains for Millionaires, LLC d/b/a Revival

ls/Joshua R. Hilbe Joshua R. Hilbe 1/4/2017 Office of Harris County District Clerk - Chris Daniel

HCDistrictclerk.com BERARD, HELEN vs. GARCIA, YSABEL 1/4/2017 Cause: 201523775 CDI: 7 Court: 080

SETTINGS Date Court Post Docket Type Reason Results Comments Requesting Jdgm Party 2/0112016 080 1\ial Setting Trial on Merits Re~Set lSTCONT 09:00AM GRANTED 1/14/16 5/23/2016 080 Ttial Setting Trial on Merits Re-Set 2NDCONT 09:00AM GRANTED 5/25/16 8/01/2016 080 1\ial Setting Trial on Merits Re-Set NOTREACHED 09:00AM 1/02/2017 080 Trial Setting Trial on Merits 09:00AM 1/20/2017 080 Law Day Docket ENTRY OF JUDGMENT 09:15 AM

EXHIBIT

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http://www.hcdistrictclerk.com/edocs/publlc/CaseDeu,jJsPrinting.aspx?Get=akNTOkVy7G/Kx3QmSLEGKzUNeR,S/WGv4VxlHOyOPN.!jmDkJHnl.eEbjYwOY6f... 1/1

Case No. 201523775

ORTX

BERARD,HELEN * IN THE DISTRICT COURT OF vs. * • HARRIS COUNTY, TEXAS GARCIA, YSABEL • • 80th JUDICIAL DISTRICT

ORDER RESETTING TRIAL ~ ~~

This case is reset for TRIAL for the two week period beginning 01-l,W17. If the case has not been reached by the second Friday after this reset. All previous pre-trial deadlines remain in effect, unless ch~ by the court.

da,~ trial will be

If you have any questions regarding this notice, please ccl:tta'Yt the court 0~rwv

coordinator, SONIA MIRANDA at (713) 368-6098. 1f!i, <Q~

Signed ~

6

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~ LARRY WEIMAN

~ ~ Judge, 80TH DISTRICT COURT Generated on: 10/17/2016

,11111u11l"1 11 r•l• 1•rh· 11l·111 1•111"'11· 11 hnl 1•111 11 •il• 1 24087329 JAMES JOSHUA COLLUM JCVF17 5020 MONTROSE BLVD STE 550 rev.12311999 HOUSTON TX 77006-6577

CASE: 03-16-00733-CV

1

Case: 03-16.00733-CV

Date Flied: 10/31/2016

Case Type: Interlocutory

Style: David Martin Camp and Bargains for Millionaires LLC d/b/a Revival

v.: Dawn Patterson

Orig Proc: No

Transfer From:

Transfer In:

Transfer Case:

Transfer To:

Transfer Out:

Pub Service:

APPELLATE BRIEFS

Date Event Type Description Document Brief filed - oral

12/16/2016 argument Appellant I PDF/310 KB I requested Brief received -

12/15/2016 oral argument Appellant requested

CASE EVENTS

Date EventType Disposition Document

Brief filed - oral

12/16/2016 argument [ PDF/310 KB)

requested Brief received -

12/15/2016 oral argument EXHIBIT requested

Et

Date Event Type Disposition Document Motion for extension of time Motion or Writ 12/02/2016 I PDF/77 KB I to file brief Granted i disposed Motion for

12/02/2016 extension of time I PDF/989 KB I to file brief filed Motion for

12/01/2016 extension received

11/21/2016 Record Sent 11/15/2016 Clerks record filed I PDF/73 KB)

Reporters record

11/08/2016 I PDF/79 KB I filed Docketing

10/31/2016 statement filed Notice of appeal

10/31/2016 filed in court of I PDF/B1 KB I appeals

CALENDARS

Set Date Calendar Type Reason Set

Status Appellee brief due

PARTIES

Party PartyType Representative

Camp, David Martin Appellant Mr. Daniel Dutko

Patterson, Dawn Appellee Mr. Joshua Hilbe

Bargains for Millionaires Appellant Mr. Daniel Dutko LLC d/b/a Revival

TRIAL COURT INFORMATION

Court: 126th District Court

County: Travis

Court Judge: Honorable Suzanne Covington

Court Case: D-1-GN-16-002212

Court Reporter: Jamie Foley

Punishment:

_, :

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