James v. Long v. Southwest Funding, L.P. OneWest Bank, FSB IndyMac Mortgage Services And Deutsche Bank National Trust, Co.

Opinion

ACCEPTED 03-15-00020-CV 5315960 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/18/2015 10:05:59 AM JEFFREY D. KYLE CLERK Case No. 03-15-00020-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS5/18/2015 10:05:59 AM AUSTIN, TEXAS JEFFREY D. KYLE Clerk

JAMES V. LONG, Appellant, v.

SOUTHWEST FUNDING, LP, ET AL., Appellees.

Appealed from the 126th Judicial District Court of Travis County, Texas Cause No. D-1-GTN-10-003483

APPELLEES’ UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE BRIEFS

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),

Appellees, Southwest Funding, L.P., IndyMac Mortgage Services, OneWest Bank,

FSB, and Deutsche Bank National Trust Company (“Appellees”) file this

unopposed joint motion for extension of time to file Appellees’ briefs, and in

support show as follows:

APPELLEES’ UNOPPOSED JOINT MOTION PAGE 1 OF 4 1. This is an appeal from the Trial Court’s order granting traditional and

no-evidence summary judgment for Appellees on Appellant’s claims against them

and on Deutsche Bank’s counterclaim against Appellant.

2. Appellant filed his Notice of Appeal on or about January 6, 2015.

3. Appellant’s brief was originally due on March 20, 2015, and after

receiving an unopposed thirty day extension of time, Appellant filed his brief on

April 20, 2015.

4. Appellees’ briefs are currently due on May 21, 2015. Appellees seek

an extension of time until June 22, 2015, within which to file and serve their briefs

and record excerpts.

5. The requested extension is not sought for purposes of delay only, but

so that justice may be served in this action. Specifically, Appellees’ respective

counsel requests an extension of time to file their briefs due to the fact that the

undersigned counsel has overlapping deadlines that has prevented their full

attention to this case by the current response deadline.

6. As a result, Appellees’ respective counsel will not have sufficient time

to complete preparation of Appellees’ briefs by May 21, 2015. Accordingly,

Appellees request an extension of time of until June 22, 2015, to file their briefs in

order that Appellees will have an adequate time to prepare their briefs.

APPELLEES’ UNOPPOSED JOINT MOTION PAGE 2 OF 4 7. This is Appellees first request for an extension of time to file their

briefs. No further requests for extension of time are anticipated.

Prayer

Appellees, Southwest Funding, L.P., IndyMac Mortgage Services, OneWest

Bank, FSB, and Deutsche Bank National Trust Company, respectfully request that

the Court grant an extension of time until June 22, 2015, within which Appellees

must file and serve their respective briefs and record excerpts in this appeal.

Respectfully Submitted, Respectfully Submitted,

/s/ Bradley E. McLain /s/ Brian P. Casey J. Garth Fennegan Brian P. Casey Texas Bar I.D. 24004642 State Bar No. 00793476 gfennegan@settlepou.com Casey Law Group Daniel P. Tobin 6836 Bee Caves Rd. Texas Bar I.D. 24046978 Building 3, Suite 303 dtobin@settlepou.com Austin, Texas 78746 Lauren E. Hayes (512) 617-6409 Texas Bar I.D. 24081961 (888) 530-9616 (fax) lhayes@settlepou.com bcasey@caseylawtex.com Bradley E. McLain Texas Bar No. 24041453 ATTORNEY FOR APPELLEE, bmclain@settlepou.com SOUTHWEST FUNDING, LP

SETTLEPOU 3333 Lee Parkway, Eighth Floor Dallas, Texas 75219 (214) 520-3300 (214) 526-4145 (Facsimile)

ATTORNEYS FOR APPELLEES, INDY MAC MORTGAGE SERVICES, ONEWEST BANK, FSB AND DEUTSCHE BANK NATIONAL TRUST CO. APPELLEES’ UNOPPOSED JOINT MOTION PAGE 3 OF 4

Certificate of Conference

I hereby certify that on May 14, 2015, I conferred with counsel for Appellant on the substance of this motion, and counsel for Appellant stated he is unopposed to the motion.

/s/ Lauren E. Hayes Lauren E. Hayes

Certificate of Service

I certify that this document was served in accordance with the Appellate Rules of Civil Procedure on May 18, 2015, by the manner indicated upon the following persons:

Via Electronic Service Via Electronic Service

James D. Pierce Brian P. Casey 1 Sugar Creek Center 1080 Casey Law Group Sugar Land, Texas 77478 6836 Bee Caves Rd.

Building 3, Suite 303 Attorney for Appellant Austin, Texas 78746

Attorney for Appellee, Southwest Funding L.P.

/s/ Bradley E. McLain Bradley E. McLain

DMS-#700462-v1-Appellees_Motion_for_Extension_of_Time.docx

APPELLEES’ UNOPPOSED JOINT MOTION PAGE 4 OF 4