Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.

Opinion

ACCEPTED 03-14-00738-CV 5120005 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/1/2015 1:56:42 PM JEFFREY D. KYLE CLERK 03-14-00738-CV

In the Court of Appeals FILED IN 3rd COURT OF APPEALS For the Third District of Texas at Austin AUSTIN, TEXAS 5/1/2015 1:56:42 PM JEFFREY D. KYLE Elness, Swenson, Graham Architects, Inc., Clerk Appellant and Cross-Appellee,

v.

RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP, and RLJ Lodging Fund II Acquisitions, LLC, Appellees and Cross-Appellants.

On Appeal from the 200th Judicial District Court of Travis County, Texas Cause Number: D-1-GN-002325 The Honorable Stephen Yelenosky, Presiding Judge

CROSS-APPELLEE’S UNOPPOSED MOTION TO EXTEND TIME TO FILE CROSS-APPELLEE’S RESPONSE BRIEF

Attorneys for Appellant and Cross-Appellee

MACDONALD DEVIN, PC Gregory N. Ziegler 3800 Renaissance Tower Texas Bar No. 00791985 Dallas, Texas 75270 GZiegler@MacdonaldDevin.com 214.744.3300 telephone Weston M. Davis 214.747.0942 facsimile Texas Bar No. 24065126 WDavis@MacdonaldDevin.com Steven R. Baggett Texas Bar No. 01510680 SBaggett@MacdonaldDevin.com IDENTITY OF PARTIES AND COUNSEL

Defendant/Appellant/Cross-Appellee

Elness, Swenson, Graham Architects, Inc.

Counsel for Defendant/Appellant/Cross-Appellee

Gregory N. Ziegler Texas Bar No. 00791985 Steven R. Baggett Texas Bar No. 01510680 Weston M. Davis Texas Bar No. 24065126 MACDONALD DEVIN, PC 1201 Elm Street 3800 Renaissance Tower Dallas, Texas 75270 214.744.3300 Telephone 214.747.0942 Facsimile

Counsel for Plaintiff/Appellee/Cross-Appellant

RLJ II-C Austin Air, LP, RLJ II-C Austin Air Lessee, LP, and RLJ Lodging Fund II Acquisitions, LLC represented by Michael Huddleston Stephen Gibson Benton T. Wheatley Tracy L. McCreight Jessica C. Neufeld MUNSCH HARDT KOPF & HARR, P.C. 401 Congress Ave, Suite 3050 Austin, Texas 78701 512.391.6100 Telephone 512.391.6149 Facsimile

2 TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.5(b) and 38.6(d), the Cross-Appellee, Elness,

Swenson, Graham Architects, Inc. (“ESG”), files this Unopposed Motion to

Extend Time to File Cross-Appellee’s Response Brief. ESG’s response brief is

currently due on May 11, 2015. Counsel for ESG requests a 30-day extension of

time to file its brief, making the brief due on June 11, 2015. This is the first

request for extension of time to file ESG’s response brief to the cross-appeal. ESG

and RLJ each previously requested one 30-day extension of time to file the

Appellant’s and Cross-Appellant’s opening briefs.

In addition to the routine matters that counsel must attend to in daily

practice, counsel for ESG is preparing for the following matters:

1. In re Nexion Health at Beechnut, Inc. d/b/a Beechnut Manor, No. 01-15-

00327-CV, in the First Court of Appeals, Relator’s Reply in Support of

Petition for Writ of Mandamus and preparation for oral argument;

2. Hassell Construction Co., Inc. v. Springwoods Realty Company, et al.,

No. 2012-42981, in the District Court of Harris County, Texas, 333rd

Judicial District, Summary Judgment briefing to be completed by May 8,

2015; and

3. Rio Grande City Consolidated ISD v. Descon Construction, L.P., et. al.,

No. DC-14-46, In the District Court of Starr County, Texas, 229th

3 Judicial District, Final Pretrial Conference and Jury Trial set for May 11,

2015.

Counsel for ESG seeks this extension of time to be able to prepare a cogent

and succinct brief to aid this Court in its analysis of the issues presented. This

request is not sought for delay but so that justice may be done.

Counsel for ESG has conferred with Michael W. Huddleston, counsel for the

Cross-Appellant, and he has indicated that his client does not oppose this motion.

All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under Texas

Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Cross-Appellee requests that this Court grant

this Unopposed Motion to Extend Time to File Cross-Appellee’s Response Brief

and extend the deadline for filing Cross-Appellee’s Response Brief up to and

including June 11, 2015. ESG requests all other relief to which it may be entitled.

4 Respectfully submitted,

By: /s/ Weston M. Davis Gregory N. Ziegler Texas Bar No. 00791985 GZiegler@MacdonaldDevin.com Steven R. Baggett Texas Bar No. 01510680 GZiegler@MacdonaldDevin.com Weston M. Davis Texas Bar No. 24065126 WDavis@MacdonaldDevin.com

MACDONALD DEVIN, PC 1201 Elm Street 3800 Renaissance Tower Dallas, Texas 75270 214.744.3300 telephone 214.747.0942 facsimile

Attorneys for Appellant Elness, Swenson, Graham Architects, Inc.

CERTIFICATE OF SERVICE

The undersigned attorney certifies that a true and correct copy of the foregoing Unopposed Motion to Extend Time to File Cross-Appellee’s Response Brief was served on all counsel of record in accordance with the Texas Rules of Appellate Procedure via e-Filing, on May 1, 2015.

/s/ Weston M. Davis Weston M. Davis

5 CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that counsel for ESG conferred

with opposing counsel who indicated that his client does not oppose this motion.

/s/ Weston M. Davis Weston M. Davis