David Medrano v. Celine Hinojosa

Opinion

ACCEPTED 04-14-00913-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/5/2015 2:02:41 PM KEITH HOTTLE CLERK

No. 04-14-00913-CV

IN THE FILED IN 4th COURT OF APPEALS FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO 11/5/2015 2:02:41 PM KEITH E. HOTTLE Clerk DAVID MEDRANO, Appellant,

v.

FIDELITY NATIONAL TITLE INSURANCE COMPANY, SUCCESSOR BY MERGER LAWYERS TITLE INSURANCE CORPORATION, BARCLAYS CAPITAL REAL ESTATE INC. D.B.A. HOMEQ, AS SERVICING AGENT FOR DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, ET AL, Appellees.

ON APPEAL FROM THE 37TH JUDICIAL DISTRICT COURT BEXAR COUNTY, TEXAS CAUSE NUMBER 2008-CI-00027

UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEFS

TO THE HONORABLE COURT OF APPEALS:

Appellees, Deutsche Bank National Trust Company, as Trustee under

Pooling and Servicing Agreement Dated as of June 1, 2007 Securitized Asset

Backed Receivables LLC Trust 2007-BR5 (“Deutsche Bank”) and Fidelity

National Title Insurance Company, Successor by Merger with Lawyers Title

Page 1 of 5 Insurance Corporation (“Fidelity”), respectfully file this unopposed joint motion

for extension of time to file its Appellees’ briefs.

1. Appellant David Medrano filed Appellant’s brief on September 17,

2015, after obtaining three extensions of the deadline to file his brief.

2. Appellees’ first briefing deadline was October 19, 2015. Appellees

separately sought and received one extension until November 18, 2015, which is

Appellees’ current deadline.

3. After Appellees began preparing their briefs, they have determined the

portions of the reporter’s record requested by Appellant are not adequate for them

to properly address all of the issues raised in Appellant’s brief.

4. The court reporters have indicated it will take them approximately 30

days to prepare the missing portions of the record, which include 6 days of

testimony of Ms. Celine Hinojosa. Appellees seek an extension until 30 days

following the completion of court reporters’ preparation of the missing, but

necessary, portions of the reporter’s record.

5. This is Appellees’ second request for an extension of their briefing

deadline. This motion is not filed for the purpose of delay, but to allow Appellees’

counsel adequate time to prepare their brief.

6. This motion is unopposed.

Page 2 of 5 For these reasons, Appellees, Deutsche Bank National Trust Company, as

Trustee under Pooling and Servicing Agreement Dated as of June 1, 2007

Securitized Asset Backed Receivables LLC Trust 2007-BR5 Fidelity National Title

Insurance Company, Successor by Merger with Lawyers Title Insurance

Corporation, respectfully request the Court grant an extension of time to file their

respective Appellees’ briefs until 30 days’ following the completion of the

supplemental portions of the reporter’s record.

Respectfully submitted,

By: /s/ Kari Robinson Kari Robinson Texas Bar No. 24004891 klrobinson@bakerdonelson.com Valerie Henderson Texas Bar No. 24078655 vhenderson@bakerdonelson.com Baker Donelson Bearman Caldwell & Berkowitz, P.C. 1301 McKinney Street, Suite 3700 Houston, Texas 77010 Telephone: (713) 650-9700 Facsimile: (713) 650-9701

Attorneys for Appellee Deutsche Bank National Trust Company, as Trustee Under Pooling and Servicing Agreement Dated as of June 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR5

- AND -

Page 3 of 5 By: /s/ Aaron M. Barton Fred R. Jones Texas Bar No. 10886700 jones@goodelaw.com Aaron M. Barton Texas Bar No. 24059430 barton@goodelaw.com Goode, Casseb, Jones, Riklin, Choate & Watson, P.C. P.O. Box 120480 San Antonio, Texas 78212 Telephone: (210) 733-6030 Facsimile: (210) 733-0330

Attorneys for Appellee Fidelity National Title Insurance Company, Successor by Merger with Lawyers Title Insurance Corporation

Page 4 of 5 CERTIFICATE OF CONFERENCE

I, Bobbie Stratton, counsel for Deutsche Bank, certify that I conferred with counsel for Appellant on November 4, 2015, and he stated he is unopposed to the requested extension.

/s/ Bobbie Stratton Bobbie Stratton

CERTIFICATE OF SERVICE

I hereby certify that on November 5, 2015, a true and correct copy of the foregoing was sent by facsimile, as follows:

Gregory T. Van Cleave The Law Office of Albert W. Van Cleave, III PLLC 1520 W. Hildebrand San Antonio, TX 78201

Fred R. Jones Aaron M. Barton Goode, Casseb, Jones, Riklin, Choate & Watson, P.C. 2122 N. Main Avenue San Antonio, Texas 78212

Thomas E. Quirk Aaron & Quirk Law Offices of Aaron & Quirk 8700 Crownhill Boulevard, Suite 600 San Antonio, Texas 78209 /s/ Bobbie Stratton Bobbie Stratton

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