James Poe and Senior Retirement Planners, LLC v. Eduardo S. Espinosa in His Capacity as Receiver of Retirement Value, LLC

Opinion

ACCEPTED 03-14-00518-CV 6234234 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/27/2015 1:31:32 PM JEFFREY D. KYLE CLERK

NO. 03-14-00518-CV

IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS THIRD DISTRICT OF TEXAS AUSTIN, TEXAS AUSTIN, TEXAS 7/27/2015 1:31:32 PM JEFFREY D. KYLE Clerk

JAMES POE AND SENIOR RETIREMENT PLANNERS, LLC, Appellants

VS.

EDUARDO S. ESPINOSA, IN HIS CAPACITY AS RECEIVER OF RETIREMENT VALUE, LLC, Appellee

Appeal from the 2001h Civil District Court of Travis County, Texas (Hon. Gisela Triana presiding)

APPELLANTS' UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF

ALDRICH PLLC

Scott Lindsey State Bar No. 24036969 1130 Fort Worth Club Tower 777 Taylor Street Fort Worth, Texas 76102 Telephone: 817-336-5601 Facsimile: 817-336-5297 slindsey@aldrichpllc.com

ATTORNEY FOR APPELLANTS

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Appellants James Poe and Senior Retirement Planners, LLC request

an extension of the deadline for the filing of their Reply Brief pursuant to

Tex. R. App. P. 10.5(b) and 38.6(c).

1. Appellants filed their opening brief on March 11, 2015.

2. Appellee's brief was filed on July 14, 2015.

3. Appellants' reply brief is currently due on or before August 3,

2014. See Tex. R. App. P. 38.6(c). Appellants ask the Court to extend

Appellants' reply brief deadline to August 28, 2015, an extension of twenty-

five days. See Tex. R. App. P. 10.5(b)(1)(A)-(B).

4. Appellants seek an extension of the deadline to file their Reply

Brief because counsel for Appellants requires additional time to prepare the

reply brief. The record in this case is large and will require significant time

to review in order to accurately and adequately brief the issues and cite the

record to the Court. In addition, counsel for Appellants has a contested

evidentiary hearing currently scheduled for July 29, 2015, anticipates taking

several depositions in the next three weeks, and will be out of the office on

vacation for two or more days during the week of August 3, 2015. See Tex.

R. App. P. 10.5(b)(1)(C).

5. Appellants have not sought any prior extensions of time to file

briefs in this matter. See Tex. R. App. P. 10.5(b)(1)(D).

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6. Counsel for Appellee does not oppose this motion.

Appellants James Poe and Senior Retirement Planners, LLC pray

that the Court will grant an extension of time to file Appellants' reply brief

until August 28, 2015.

Respectfully submitted,

ALDRICH PLLC

Scott Lindsey State Bar No. 24036969 slindsey@aldrichpllc.com 1130 Fort Worth Club Tower 777 Taylor Street Fort Worth, Texas 76102 Telephone: 817-336-5601 Telecopier: 817-336-5297

ATTORNEYS FOR APPELLANTS JAMES POE AND SENIOR RETIREMENT PLANNERS, LLC

CERTIFICATE OF CONFERENCE

The undersigned attorney certifies that he exchanged emails with

this request for extension. (#--- John Thomas on July 27, 2015, and that Mr. Thomas was not opposed to ~

Scott Lindsey

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CERTIFICATE OF SERVICE

This is to certify that on this the 271h day of July, 2015, the foregoing motion was filed electronically with the Clerk for the Third Court of Appeals. A copy was served by electronic mail upon the following:

John W. Thomas 114 W. 7th Street, Suite 1100 Austin, Texas 78701-3015 jthomas@gbkh.com