Horse Hollow Generation Tie, LLC// Whitworth-Kinsey 2, Ltd. v. Whitworth-Kinsey 2, Ltd. Whitworth-Kinsey 3, Ltd. And David Olen Whitworth// Cross-Appellee, Horse Hollow Generation Tie, LLC

• Court: Court of Appeals of Texas
• Decided: March 6, 2015
• Docket: 03-13-00599-CV
• Status: Published

Opinion

ACCEPTED 03-13-00599-CV 4397018 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/6/2015 10:59:03 AM JEFFREY D. KYLE CLERK

NO. 03-13-00599-CV _______________________________________________ FILED IN

In The Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS 3/6/2015 10:59:03 AM

For The Third District of Texas JEFFREY D. KYLE Clerk

Austin, Texas ______________________________________________ Horse Hollow Generation Tie LLC, Appellant, v.

Whitworth-Kinsey #2, Ltd., Whitworth-Kinsey #3, Ltd., and David Olen Whitworth, Appellees. ____________________________________________________________ On Appeal from the 119th District Court of Concho County, Texas The Honorable Garland B. Woodward, Presiding Judge (Trial Cause No. DAC-09-04042) APPELLEES’ UNOPPOSED FIRST MOTION FOR CONTINUANCE OF SUBMISSION AND ORAL ARGUMENT

TO THE HONORABLE COURT OF APPEALS:

NOW COME Appellees Whitworth-Kinsey #2, Ltd., Whitworth-Kinsey #3,

Ltd. and David Olen Whitworth and respectfully move the Court to continue the

submission and oral argument date currently set for April 9, 2015.

1. Appellees’ counsel, Matthew F. Wymer, received the Court’s notice

of the submission and oral argument date by mail on Wednesday, March 4, 2015.

Appellee’s counsel cannot attend the argument date scheduled for April 9, 2015 as

2131961v.1 IMANAGE 106638 1 he is currently set for trial in Bexar County the week of April 6, 2015 in Cause No.

2011-CI-17823; Larry Little v. City of Leon Valley Economic Development

Corporation; in the 37th Judicial District, Bexar County Texas. The matter set for

trial has been on the Bexar County Court’s docket since November 4, 2011. This

case is not expected to settle (two mediations to date have failed), or be removed

from the trial docket. Attached as Exhibit A is the Agreed Scheduling Order

confirming the April 6, 2015 trial setting.

2. On March 4, 2015, the undersigned Appellees’ counsel conferred with

Appellant’s counsel to inquire if he would oppose the continuance. Appellant’s

counsel stated he agreed to the continuance, but that he is currently set for trial the

week of April 20, 2015.

3. Per Texas Rules of Appellate Procedure 10.5(c) all parties agree to the

continuance and the continuance is supported by sufficient cause.

4. For these reasons stated above, Appellees’ counsel respectfully moves

this Court continue the submission and oral argument date of April 9, 2015 to a

date after May 1, 2015.

5. Appellees’ counsel does not seek this continuance for purposes of

delay, but so that justice may be done.

WHEREFORE PREMISES CONSIDERED, Appellees’ counsel respectfully

requests that the submission and oral argument date currently set for April 9, 2015

2131961v.1 IMANAGE 106638 2 be continued to a date after May 1, 2015, and that Appellees be granted all other

relief to which they are justly entitled.

Respectfully submitted,

BEIRNE, MAYNARD & PARSONS, L.L.P.

/s/ Matthew F. Wymer Matthew F. Wymer State Bar No. Email mwymer@bmpllp.com 112 E. Pecan, Suite 2750 San Antonio, Texas 78205 Telephone: (210) 582-0227 Facsimile: (210) 582-0231

COUNSEL FOR APPELLEES WHITWORTH-KINSEY #2, LTD. WHITWORTH-KINSEY #3, LTD. AND DAVID OLEN WHITWORTH

CERTIFICATE OF CONFERENCE

Counsel for Appellees conferred with Counsel for Appellant on March 4, 2015 regarding the continuance as set out in detail in this Motion. Counsel for Appellant is in agreement that the submission and oral argument date be continued to a date after May 1, 2015.

/s/ Matthew F. Wymer Matthew F. Wymer

2131961v.1 IMANAGE 106638 3 CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the above and foregoing document was forwarded to all counsel listed below pursuant to the Texas Rules of Civil Procedure on the 5th day of March, 2015:

David S. Coale Email dcoale@lynnllp.com Jeffrey M. Tillotson Email jtillotson@lynnllp.com Christopher J. Schwegmann Email cschwegmann@lynnllp.com Lynn Tillotson Pinker & Cox, LLP 2100 Ross Avenue, Suite 2700 Dallas, Texas 75201 Telephone No. (214) 981-3800 Telecopier No. (214) 981-3839 Counsel for Appellant

Laird Palmer Email lplaw@tstar.net Law Offices of Laird Palmer 341 Ft. McKavitt P. O. Box 860 Mason, Texas 76856 Telephone No. (325) 347-6350 Telecopier No. (325) 347-6334 Co-Counsel for Appellee

2131961v.1 IMANAGE 106638 4 CAUSE NO. 2011-C1-17823

LARRY LITTLE, IN THE DISTRICT COURT OF

Plaintiff,

v.

CITY OF LEON VALLEY ECONOMIC 37TH JUDICIAL DISTRICT DEVELOPMENT CORPORATION,

Defendants. BEXAR COUNTY, TEXAS

AGREED SCHEDULING ORDER

The Court makes the following Order to set the date of trial, control discovery and to

schedule other necessary deadlines determining the subsequent course of this lawsuit.

IT IS HEREBY ORDERED that this case shall be conducted according to this Agreed

Scheduling Order, and that the parties shall adhere to all deadlines related to this case, as

follows;

DATE DEADLINE

PLAINTIFF'S PLEADINGS. All amendments and supplementation to the pleadings of any party seeking 1, November 7, 2014 affirmative relief must be served by this date. This is also the deadline for those parties to join additional parties to the lawsuit.

DEFENDANT'S PLEADINGS. All amendments and supplementation to any Defendant's pleadings must be 2. November 21, 2014 served by this date. This is also the deadline for those parties to join additional parties to this lawsuit.

MEDIATION. The Parties must mediate this case and the 3. December 19, 2014 Mediation must be complete by this date.

2060406v.1 005101/106034 EXPERT WITNESS DESIGNATIONS OF PLAINTIFF shall be served by this date. The designation shall include 4. December 5, 2014 the information listed in TRCP 194.2(f) and 195.2 for all retained and testifying experts.

EXPERT WITNESS DESIGNATIONS OF DEFENDANT shall be served by this date. The designation shall include 5. December 19, 2014 the information listed in Rule 194.2(f) TRCP for all retained and testifying experts.

6. January 6, 2015 EXPERT CHALLENGES shall be on file by this date.

DISCOVERY, including depositions shall be completed by this date, Parties seeking discovery must serve requests sufficiently far in advance of the end of the discovery period 7. February 27, 2015 so that the deadline for responding will be within the discovery period. Counsel may conduct discovery beyond this deadline by agreement.

DISPOSITIVE MOTIONS, All dispositive motions on file 8. March 6, 2015 by this date.

9. April 1, 2015 DOCKET CALL will be held on this date at 9:00 a.m.

10. April 6, 2015 JURY TRIAL will be held on this date at 9:00 a.m.

It is FURTHER ORDERED that the dates and times established in this Order may not be

changed unless agreed to by all parties or with permission of the Court.

SIGNED on this day of NOV - 7 2014 2044. -- rjeltall GABRIEL Pl igATARRigg COUr

2060406v.] 005101/106034 AGRE FORM AND CONTENT:

By: rye all e e xas it No: • 005234 B YNARD & PARSONS, L.L.P. The Weston Centre 112 East Pecan St., Suite 2750 San Antonio, Texas 78205 (210) 582-0220 (Telephone) (210) 582-0231 (Facsimile)

ATTORNEY FOR PLAINTIFF LARRY LITTLE

By: R. Gaines Griffin Texas Bar No. 08464500 Steven M. Pella, Sr. Texas Bar No. 00791425 S Devi Kumar Texas Bar No. 24085421 DAVIDSON TROILO REAM & GARZA, PC Northwest Center 7550 W. IH 10, Suite 800 San Antonio, Texas 78229 (210) 349-6484 (Telephone) (210) 349-0041 (Facsimile)

ATTORNEY FOR DEFENDANT, CITY OF LEON VALLEY ECONOMIC DEVELOPMENT CORPORATION

2060406v,1 005101/106034