Michael W. Schuetz and Jamie K. Schuetz v. Source One Mortgage Services Corporation Mortgage Electronic Registration Systems, Inc. Citimortgage, Inc. Barrett Daffin Frappier Turner & Engle Robert Ferguson, and Barbara Ferguson

Opinion

ACCEPTED 03-15-00522-CV 8129133 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/8/2015 9:19:12 AM JEFFREY D. KYLE CLERK

No. 03-15-00522-CV _____________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS

In the Third Court of Appeals 12/8/2015 9:19:12 AM JEFFREY D. KYLE _____________________________________ Clerk

MICHAEL W. SCHUETZ AND JAMIE K. SCHUETZ, Appellants,

V.

SOURCE ONE MORTGAGE SERVICES CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; CITIMORTGAGE, INC.; AND BARRETT DAFFIN FRAPPIER TURNER & ENGLE, ROBERT FERGUSON, AND BARBARA FERGUSON, Appellees. _____________________________________ On Appeal from Cause No. C2013-1445C 247th Judicial District Court, Comal County, Texas Hon. Dib Waldrip, 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., individually and as successor by merger to Source One

Mortgage Services Corporation, and Mortgage Electronic Registration Systems,

Inc. respectfully move the Court to extend the time for filing their Appellees’ Brief

by 30 days to February 3, 2016. The grounds for the motion are as follows: 1. Background: The Clerk’s Record in this appeal was filed on

September 4, 2015. Appellants’ brief was filed on December 2, 2015 after two

unopposed extensions. Appellees’ brief is currently due on January 4, 2016.

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

and file their Appellees’ brief. Appellees have not received any previous

extensions on their brief.

3. Grounds for the extension:

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:

December 18, 2015: Cause No. D-1-GN-14-004462; Freestone Power

Generation, LLC v. Texas Commission on Environmental Quality; in the 126th

Judicial District Court, Travis County, Texas – Brief in Support of Petition for

Judicial Review due

December 18, 2015: Cause No. D-1-GN-14-004463; Freeport Energy

Center, LLC v. Texas Commission on Environmental Quality; in the 200th Judicial

District Court, Travis County, Texas – Brief in Support of Petition for Judicial

Review due

December 18, 2015: Cause No. D-1-GN-14-004471; Brazos Valley Energy

1 LLC v. Texas Commission on Environmental Quality; in the 98th Judicial District

Court, Travis County, Texas – Brief in Support of Petition for Judicial Review

due

December 18, 2015 – January 1, 2016: out of town for family vacation to

Australia.

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., individually and as successor

by merger to Source One Mortgage Services Corporation, and Mortgage Electronic

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

filing their Appellees’ Brief be extended by 30 days to February 3, 2016.

Appellees also pray for such other and further relief to which they may be entitled

at law or in equity.

2 Respectfully submitted,

LOCKE LORD LLP

By: B. David L. Foster State Bar No. 24031555 dfoster@lockelord.com Susan A. Kidwell State Bar No. 24032626 skidwell@lockelord.com Daniel Durell State Bar No. 24078450 daniel.durell@lockelord.com 600 Congress Avenue, Suite 2200 Austin, Texas 78701 512-305-4700 (Telephone) 512-305-4800 (Facsimile)

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

COUNSEL FOR CITIMORTGAGE, INC., INDIVIDUALLY AND AS SUCCESSOR BY MERGER TO SOURCE ONE MORTGAGE SERVICES CORPORATION, AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

3 CERTIFICATE OF CONFERENCE

On December 4, 2015, I contacted Stephen Casey, counsel for Appellants, Mark Hopkins, counsel for Appellees (BDFT&E), and David Pfeuffer, counsel for Appellees (Fergusons), by email. All counsel indicated by return email that they do not oppose this request for a 30-day extension.

Susan A. Kidwell

CERTIFICATE OF SERVICE

I hereby certify that on December 8, 2015, a true and correct copy of the foregoing was served via EFileTx.gov upon the following:

Stephen Casey Mark Hopkins stephen@caseylawoffice.us mark@hopkinslawtexas.com CASEY LAW OFFICE, P.C. HOPKINS LAW 595 Round Rock West Drive 12117 Bee Caves Road Suite 102 Suite 260 Round Rock, Texas 78681 Austin, Texas 78738 Counsel for Appellants Counsel for Appellees (BDFT&E)

David Pfeuffer dpfeuffer@nblawyers.net BRAZLE & PFEUFFER, L.L.P. 170 E. San Antonio Street New Braunfels, TX 78130 Counsel for Appellees (Fergusons)

Susan A. Kidwell