Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company v. Peachtree Settlement Funding, LLC

Opinion

ACCEPTED 01-15-00147-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 10/16/2015 3:25:02 PM CHRISTOPHER PRINE CLERK

No. 01-15-00147-CV

FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON 10/16/2015 3:25:02 PM CHRISTOPHER A. PRINE Clerk

In re S. Swain, Annuitant

Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity Company,

Appellants,

Peachtree Settlement Funding, LLC and Sara Swain,

Appellees.

Appeal from Cause No. 201474548 In the 234th Judicial District Court, Harris County, Texas

SECOND MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLEE PEACHTREE SETTLEMENT FUNDING, LLC

TO THE HONORABLE COURT OF APPEALS:

Appellee Peachtree Settlement Funding, LLC (“Appellee”) files this Second

Motion to Extend Time to File Brief of Appellee Peachtree Settlement Funding, LLC

in the above-referenced appeal as follows:

1. On September 18, 2015, the Court granted the Motion to Extend time to File

Brief of Appellee, extending the deadline for Appellee to file its brief to Monday,

October 19, 2015. Appellee respectfully requests a seven (7) day extension of time to

file its brief in this case. SECOND MOTION TO EXTEND TIME TO FILE BRIEF OF

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2. Appellee seeks this short, seven (7) day extension so that counsel may devote

the time necessary to complete the Appellee’s brief on this very important issue. The

undersigned lead counsel, Earl Nesbitt, has been traveling and out of the office much

of the past two weeks. During the week of October 5, Mr. Nesbitt was in Wisconsin

for 2 and ½ days testifying before a Wisconsin Senate Committee on proposed

legislation (Assembly Bill 129) relating to structured settlements. This week, Mr.

Nesbitt was in Lubbock on a separate legal matter for two days. Additionally, Mr.

Nesbitt and his colleagues just completed and filed a brief in a case pending in the 5th

District (Dallas) Court of Appeals (RSL Funding, LLC and RSL Special-IV, Limited

Partnership v. Rickey Newsome; No. 05-15-00718-CV), which took up most of last

week when Mr. Nesbitt was not out of town. For these reasons, Appellee’s counsel

has not been able to devote the necessary time to complete briefing in this matter.

3. The requested extension is not sought for purposes of delay, but so that

justice may be done. This is the second request for extension of time Appellee has

sought in this matter, and, as indicated in the Certificate of Conference below,

Appellants Metropolitan Life Insurance Company and Metropolitan Insurance &

Annuity Company do not oppose this extension request.

WHEREFORE, PREMISES CONSIDERED, Appellee Peachtree Settlement

Funding, LLC respectfully requests a seven (7) day extension of time to file its Brief of

Appellee in this case and for such other and further relief to which Appellee may be

SECOND MOTION TO EXTEND TIME TO FILE BRIEF OF

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justly entitled.

Respectfully submitted,

NESBITT, VASSAR & McCOWN, L.L.P.

/s/ Earl S. Nesbitt Earl S. Nesbitt State Bar No. 14916900 enesbitt@nvmlaw.com David S. Vassar State Bar No. 20503175 dvassar@nvmlaw.com Patrick P. Sicotte State Bar. No. 24079330 psicotte@nvmlaw.com 15851 Dallas Parkway, Suite 800 Addison, Texas 75001 Telephone: (972) 371-2411 Telecopier: (972) 371-2410

ATTORNEYS FOR APPELLEE PEACHTREE SETTLEMENT FUNDING, LLC

CERTIFICATE OF CONFERENCE

I certify that I made contact with Andrew Lorin, counsel for Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity Company, and he indicated that his clients do not oppose the relief sought in this Motion.

/s/ Earl S. Nesbitt Earl S. Nesbitt

SECOND MOTION TO EXTEND TIME TO FILE BRIEF OF

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served upon the following counsel or parties of record on this the 16th day of October, 2015.

Via Certified Mail and E-Mail Patrick B. Larkin The Larkin Law Firm, P.C. 11200 Broadway, Suite 2705 Pearland, Texas 77584

Via Certified Mail and E-Mail Andrew Jay Lorin Stephen R. Harris Patrick M. Harrington Drinker, Biddle & Reath, LLP One Logan Square, Suite 2000 Philadelphia, Pennsylvania 19103

Via Certified Mail Sara Swain /s/ Earl S. Nesbitt Earl S. Nesbitt

SECOND MOTION TO EXTEND TIME TO FILE BRIEF OF