Ewb-I, Llc v. Sharpstown Mall Texas, LLC.

Opinion

ACCEPTED 01-15-00527-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/16/2015 3:48:14 PM CHRISTOPHER PRINE CLERK

IN THE COURT OF APPEALS

FIRST JUDICIAL DISTRICT FILED IN HOUSTON, TEXAS 1st COURT OF APPEALS HOUSTON, TEXAS __________________________________________________________________ 11/16/2015 3:48:14 PM No. 01-15-00527-CV CHRISTOPHER A. PRINE Clerk __________________________________________________________________

EWB-I, LLC, Appellant

vs.

SHARPSTOWN MALL TEXAS, LLC, Appellee __________________________________________________________________ On Appeal from the 215th Judicial District Court of Harris County, Texas, Cause No. 2010-71771 __________________________________________________________________

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

Appellant EWB-I, LLC files this Motion for Extension of Time to File

Appellant’s Brief. Appellant’s Brief is currently due on December 3, 2015.

Appellant seeks an extension of time to and including January 15, 2016 in which to

file Appellant’s Brief. This is Appellant’s first request for an extension, and it is

unopposed.

The clerk’s record was not filed in this case until November 3, 2015, and the

record is voluminous. Before and since that time, Appellant’s lead appellate

counsel, Justin Waggoner, was required to devote substantially all of his time to

trial preparation in a case styled Cause No. 2013-52205; DDAB Interests, Inc. et al.

535697.1 v. Dresser-Rand Company, Dresser-Rand Group, Inc., in the 189th Judicial

District Court of Harris County, Texas, which settled on the eve of its

November 16, 2015 trial setting. Mr. Waggoner’s trial preparation efforts have

resulted in the deferral of work on other matters that will require a substantial

amount of Mr. Waggoner’s attention over the coming weeks. In light of

Mr. Waggoner’s conflicting engagements since the time period for preparation and

filing of Appellant’s briefing began to run, as well as the approach of the holidays,

Appellant requests that its deadline to file Appellant’s Brief be extended to

January 15, 2016. This extension is not sought for delay only but so that justice

may be done.

For the foregoing reasons, Appellant requests that the Court extend its

deadline to file Appellant’s Brief to January 15, 2016.

Respectfully submitted, SMYSER KAPLAN & VESELKA, LLP By: /s/ Justin Waggoner Justin Waggoner State Bar No. 24003122 700 Louisiana, Suite 2300 Houston, Texas 77002 Telephone: (713) 221-2325 Facsimile: (713) 221-2320 jwaggoner@skv.com

2 535697.1 SIEGMYER, OSHMAN & BISSINGER LLP

David K. Bissinger State Bar No. 00790311 Gerald S. Siegmyer State Bar No. 18343300 Jason E. Williams State Bar No. 24047113 2777 Allen Parkway, Tenth Floor Houston, Texas 77019 Telephone: (713) 524-8811 Facsimile: (713) 524-4102 dbissinger@bizlawhouston.com gsiegmyer@bizlalwhouston.com jwilliams@bizlawhouston.com ATTORNEYS FOR PLAINTIFF EWB-I, LLC

CERTIFICATE OF CONFERENCE I certify that I have conferred with counsel for Appellees and confirmed that the foregoing motion is unopposed.

/s/ Justin Waggoner Justin Waggoner

CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing instrument was served on all counsel of record in accordance with the Texas Rules of Appellate Procedure on November 16, 2015.

/s/ Justin Waggoner Justin M. Waggoner

3 535697.1