Eileen K. Starbranch v. Elizabeth Howard Crowell

Opinion

ACCEPTED 01-15-00429-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/17/2015 3:16:32 PM CHRISTOPHER PRINE CLERK

No. 01-15-00429-CV

FILED IN 1st COURT OF APPEALS In The First District Court of Appeals HOUSTON, TEXAS Houston, Texas 12/17/2015 3:16:32 PM CHRISTOPHER A. PRINE Clerk

Eileen K. Starbranch, Appellant, v.

Elizabeth Howard Crowell, Appellee.

On Appeal from the 55th Judicial District Court Harris County, Texas Cause No. 2013-14192

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT

TO THE HONORABLE FIRST COURT OF APPEALS:

Appellant, Eileen K. Starbranch, respectfully files this unopposed motion for

extension of time to file her reply brief.

1. The present deadline for filing her brief is December 31, 2015.

2. Appellant seeks an extension of 30 days, until January 30, 2016, in

which to file her reply brief.

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

reply brief.

4. This motion is unopposed.

5. Appellant requests an extension because:

• When Appellee’s Brief was filed, counsel for Appellant was drafting

opening briefs to be filed in the following cases:

Federal Cases on Appeal Original Deadline

United States v. 5. Rodolfo Borja, et al, 12/23/2015 No. 15-50762 (5th Cir. filed July 27, 2015) United States v. Anthony Gonzales, et al, 12/28/2015 No. 15-50762 (5th Cir. filed Aug. 14, 2015) United States v. James Edward Alexander, 01/04/2016 No. 15-10814 (5th Cir. filed Aug. 24, 2015)

Appellant’s counsel requested an extension of time to file the opening

brief in each of these cases because, among other reasons, the records

on appeal in Borja and Gonzales were missing pertinent documents

and/or evidence. On December 15, 2015, the Fifth Circuit extended

the deadline for filing the opening briefs in each of the above-

referenced cases by thirty days.

• When Appellee’s Brief was filed, Appellant’s counsel was also

drafting an appellee brief in M&E Endeavours LLC v. Cintex Wireless

2 LLC, No. 01-15-00234-CV (Tex. App.—Houston [1st Dist.] filed

Mar. 11, 2015) which is due on January 8, 2016. 1

• Appellant’s counsel has a hearing in George Govin v. Indera Ali, No.

CV72C0039264 (Justice Court, Precinct 7, Place 2, of Harris County,

Texas) on December 22, 2015.

• Appellant’s counsel and his family will be in San Angelo, Texas,

beginning December 26, 2015, and through December 28, 2015,

visiting relatives.

• Appellant’s counsel and his family will in Costa Rica, beginning

December 30, 2015, and through January 4, 2016, vacationing with

extended family.

• Pursuant to an order of referral for mediation in Kokas v. Osborne,

No. 2014-73887 (151st Civil District Court, Harris County),

Appellant’s counsel must represent his client at mediation in that case

by January 7, 2016.

For these reasons, Appellant’s counsel will probably not be able to begin working

on the reply brief in this case until January 2016. Appellant’s counsel is requesting

a deadline well after the holidays to complete and file the reply brief.

1 Contemporaneously with the filing of this motion, lead counsel for Appellant is filing a request for extension of time to file appellee’s brief in M&E Endeavours v. Cintex Wireless. 3 6. This motion is not filed for the purpose of delay, but to allow counsel

adequate time to prepare Appellant’s Reply Brief in a way that will assist the Court

in reaching a decision.

For these reasons, Appellant respectfully requests that the deadline for filing

Appellant’s Reply Brief be extended 30 days until January 30, 2016.

Respectfully submitted,

NELSON S. EBAUGH, P.C.

/s/ Nelson S. Ebaugh Nelson S. Ebaugh Texas Bar No. 24007139 NELSON S. EBAUGH, P.C. 2777 Allen Parkway, Suite 1000 Houston, TX 77019 Ph (713) 752-0700 Fax (713) 739-0500 nebaugh@ebaughlaw.com

COUNSEL FOR APPELLANT

CERTIFICATE OF CONFERENCE

I conferred with Courtney B. Glaser, one of the attorneys for Appellee. She

stated that he had no objection to this Motion.

/s/ Nelson S. Ebaugh Nelson S. Ebaugh

4 CERTIFICATE OF SERVICE

On December 17, 2015, I electronically filed this Motion with the Clerk of

Court using the eFile.TXCourts.gov electronic filing system which will send

notification of such filing to the following:

John B. Shely jshely@andrewskurth.com Courtney B. Glaser cglaser@andrewskurth.com ANDREWS KURTH, LLP 600 Travis, Suite 4200 Houston, Texas 77002 Fax (713) 220-4285

/s/ Nelson S. Ebaugh Nelson S. Ebaugh