Jerome J. Isaac and Michelle P. Isaac v. Vendor Resource Management, Inc. Mortgage Electronic Registration Systems, Inc. And CitiMortgage, Inc.

Opinion

ACCEPTED 03-14-00529-CV 4278393 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/25/2015 12:56:45 PM JEFFREY D. KYLE CLERK

No. 03-14-00529-CV _____________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS

In the Third Court of Appeals 2/25/2015 12:56:45 PM JEFFREY D. KYLE _____________________________________ Clerk

JEROME J. ISAAC AND MICHELLE P. ISAAC, Appellants,

V.

VENDOR RESOURCE MANAGEMENT, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND CITIMORTGAGE, INC., Appellees. _____________________________________ On Appeal from Cause No. 13-0472-C26 26th District Court, Williamson County, Texas Hon. Billy Ray Stubblefield, Judge Presiding

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEES

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 38.6(d), Appellees,

CitiMortgage, Inc. and Mortgage Electronic Registration Systems, Inc. respectfully

move the Court to extend the time for filing its Appellees’ Brief by 30 days to

April 3, 2015. The grounds for the motion are as follows: 1. Background: The Clerk’s Record in this appeal was filed on

November 6, 2014. The Reporter’s Record was filed on November 17, 2014.

Appellants’ brief was filed on February 2, 2015 after an unopposed extension.

2. Appellees respectfully request a 30-day extension of time to complete

and file their Appellees’ brief currently due on March 4, 2015. Appellees have not

received any extensions on their brief.

3. Grounds for the extension:

(a) Susan Kidwell, as lead appellate counsel, has primary responsibility

for preparing Appellees’ brief. Ms. Kidwell has a number of commitments during

the briefing period that have impeded Appellees’ ability to prepare their brief by

the current deadline. These commitments include:

02/12/15 No. 14-0892; Garcia v. King Ranch, Inc.; in the Supreme Court of Texas – Response to Petition for Review filed.

03/09/15 No. B257970; Davis v. Farmers Insurance Exchange; in the Court of Appeal of the State of California, Second Appellate District – Respondents’ Brief due.

04/03/15 No. 14-774; Myer v. Americo Life, Inc.; in the Supreme Court of the United States – Brief in Opposition to Petition for Writ of Certiorari due.

(b) John Ellis is also responsible for preparing Appellees’ brief. Mr. Ellis

also has a number of commitments during the briefing period that have impeded

Appellees’ ability to prepare their brief by the current deadline. These

commitments include:

1 02/12/15 No. 5:14-cv-00337-DAE, Garrison v. Select Portfolio Servicing, Inc.; in the United States District Court for the Western District of Texas - Motion for Summary Judgment filed.

02/18/15 No. 2014-CI-01399, Griffith v. Deutsche Bank National Trust Company f/k/a Bankers Trust Company of California, N.A. as Trustee for Long Beach Mortgage Loan Trust 2001-2; in the 224th Judicial District Court, Bexar County, Texas – Motion for Summary Judgment filed; hearing anticipated in March 2015.

02/25/15 No. 5:14-cv-0943-RP; Jones w. Wells Fargo Bank, N.A.; in the United States District Court for the Western District of Texas – Response to Motion to Amend or Alter Judgment due.

02/27/15 No. C-1-PB-14-001454; Dao v. Dinh; in the Statutory Probate Court, Travis County, Texas – Objections and responses to more than 500 written discovery requests due.

03/04/15 No. C2013-1445C, Schuetz v. Source One Mortgage Services Corporation; in the 274th Judicial District Court, Comal County, Texas – Response to Motion for Summary Judgment due.

03/11/15 No. C2013-1445C, Schuetz v. Source One Mortgage Services Corporation; in the 274th Judicial District Court, Comal County, Texas – Hearing on parties’ Motions for Summary Judgment.

03/27/15 Course Director, State Bar of Texas Continuing Legal Education Program entitled Building Your Career: A Guide for New Lawyers, Austin, Texas

4. This is the first extension request.

5. Counsel for the other parties to this appeal have indicated that they are

unopposed to this Motion.

PRAYER

WHEREFORE, Appellees CitiMortgage, Inc. and Mortgage Electronic

Registration Systems, Inc. pray that this Motion be granted and that the time for

2 filing their Appellees’ Brief be extended by 30 days to April 3, 2015. Appellees

also pray for such other and further relief to which they may be entitled at law or in

equity.

Respectfully submitted, LOCKE LORD LLP By: /s/ Susan A. Kidwell Susan A. Kidwell State Bar No. 24032626 skidwell@lockelord.com B. David L. Foster State Bar No. 24031555 dfoster@lockelord.com John W. Ellis State Bar No. 24078473 jellis@lockelord.com LOCKE LORD LLP 600 Congress Avenue, Suite 2200 Austin, Texas 78701 Telephone: (512) 305-4700 Facsimile: (512) 305-4800

Robert T. Mowrey State Bar No. 14607500 rmowrey@lockelord.com LOCKE LORD LLP 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201 Telephone: (214) 740-8000 Facsimile: (214) 740-8800

COUNSEL FOR CITIMORTGAGE, INC. AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

3 CERTIFICATE OF CONFERENCE

I hereby certify that on February 24, 2015, I contacted Mr. Michael

Brinkley, counsel for Appellants, by email and Mr. Brinkley informed me that

Appellants do not oppose this motion. I also certify that on February 25, 2015, I

contacted Mr. Christopher Ferguson, counsel for Appellee Vendor Resource

Management, Inc., by email and Mr. Ferguson informed me that VRM does not

oppose to this motion.

/s/ John W. Ellis John W. Ellis

CERTIFICATE OF SERVICE

I hereby certify that on February 25, 2015, a true and correct copy of the

foregoing was served via EFileTx.Gov e-service upon the following:

Mr. Michael Brinkley Christopher S. Ferguson michael@brinkleypllc.com chris@jackoboyle.com BRINKLEY LAW PLLC JACK O’BOYLE & ASSOCIATES P. O. Box 820711 P. O. Box 815369 Fort Worth, Texas 76182 Dallas, Texas 75381 Counsel for Michelle P. Isaac and Counsel for Vendor Resource Jerome J. Isaac Management, Inc.

/s/ Susan A. Kidwell Susan A. Kidwell