Karen Misko v. Tracy Johns

Opinion

ACCEPTED 05-18-00487-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 6/6/2018 9:11 PM LISA MATZ CLERK

NO. 05-18-00487-CV

IN THE COURT OF APPEALS FILED IN 5th COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS DALLAS, TEXAS 06/06/2018 9:11:11 PM LISA MATZ KAREN MISKO, Clerk Appellant

v.

TRACY JOHNS, Appellee

On Accelerated Interlocutory Appeal from the 429TH District Court of Collin County, Texas Cause No. 429-01844-2013 The Honorable Jill Willis, Presiding

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S OPENING BRIEF

Joe Sibley State Bar No. 24047203 sibley@camarasibley.com CAMARA & SIBLEY, L.L.P. 4400 Post Oak Blvd., Suite 2700 Houston, Texas 77027 (713) 966-6789 – Telephone (713) 583-1131 – Facsimile COUNSEL FOR APPELLANT TO THE HONORABLE COURT OF APPEALS:

1. Under Rules 2 and 10.5(b), Appellant respectfully requests a 30-day

extension of time to file her Opening Brief, making the Brief due on July 11, 2018.

2. This appeal was taken Pursuant to Tex. Civ. Prac. & Rem. Code

51.014(a)(12), of the trial court’s Order Denying Defendant’s Motion to Dismiss

under the Texas Citizen’s Participation Act (“TCPA”) dated May 1, 2018 (“Order”),

which was later reduced to written Order on May 14, 2018, and the trial court’s

written order overruling Misko’s Objections to TCPA Evidence (only as to

paragraph 8 of Redding Declaration) dated May 1, 2018 to the Fifth Court of

Appeals.

3. The Reporter’s Record was filed on May 21, 2018, making Appellant’s

brief currently due on June 11, 2018 because this is an accelerated interlocutory

appeal.

4. Appellant needs additional time to file her opening brief due to the record

being voluminous (thousands of pages), the reporter’s record having multiple

volumes, and undersigned counsel’s summer vacation schedule as well as other

conflicting engagements.

1 5. Accordingly, Appellant respectfully request the Court grant her a 30-

day extension of time to file her Opening Brief, making the Brief due on July 11,

2018.

6. This Motion is, unopposed, is timely filed and is not brought for purposes

of delay, but so that justice may done.

Prayer

For the reasons discussed above, Appellant respectfully requests the Court

grant Appellant a 30-day extension of time to file her Opening Brief, making the

Brief due on July 11, 2018.

Respectfully submitted,

CAMARA & SIBLEY, L.L.P.

By: /s/ Joe Sibley Joe Sibley State Bar No. 24047203 sibley@camarasibley.com 4400 Post Oak Pkwy, Suite 2700 Houston, Texas 77027 (713) 966-6789 – Telephone (713) 583-1131 – Facsimile

ATTORNEYS FOR APPELLANT

2 CERTIFICATE OF CONFERENCE

I hereby certify that on the 6th day of June, 2018, I conferred with Appellee’s counsel, Amy Ganci, via email on the relief sought in this Motion. Appellee is unopposed to the extension sought herein.

/s/ Joe Sibley Joe Sibley

CERTIFICATE OF SERVICE

I hereby certify that on this 6th day of June, 2018, a true and correct copy of this Motion for Extension of Time to File Appellant’s Opening Brief was sent by Eservice to the following individuals:

AMY B. GANCI State Bar No. 07611600 Email: aganci@gancilaw.com GANCI, LLP 6688 North Central Expressway Suite 1050 Dallas, Texas 75206 Telephone: (214) 969-7373 Facsimile: (214) 969-7648 ATTORNEYS FOR APPELLEE

/s/ Joe Sibley Joe Sibley