Microsoft Corporation// Michael Mercieca v. Michael Mercieca// Cross-Appellee, Microsoft Corporation

Court of Appeals of Texas·Decided May 19, 2015·No. 14-15-00024-CV·Published

Opinion

ACCEPTED

14-15-00024-CV

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 5/19/2015 3:51:51 PM CHRISTOPHER PRINE

CLERK

No. 14-15-00024-CV

FILED IN

IN THE FOURTEENTH COURT OF APPEALS14thHOUSTON, COURT OF APPEALS

TEXAS

HOUSTON, TEXAS 5/19/2015 3:51:51 PM CHRISTOPHER A. PRINE

Clerk

MICROSOFT CORPORATION,

Appellant,

MICHAEL MERCIECA,

Appellee.

On Appeal from the 353rd District Court, Travis County, Texas Trial Court Cause No. D-1-GN-11-00130 The Honorable Tim Sulak, Presiding

AGREED MOTION TO AMEND SCHEDULING ORDER

Microsoft Corporation (“Microsoft”) respectfully files this agreed motion to

amend scheduling order, in support thereof, shows the following:

1. On February 23, 2015, Microsoft filed its Appellant’s Brief.

2. Thereafter, counsel for the parties conferred and agreed upon a

briefing schedule that would permit Michael Mercieca (“Mercieca”) to file a

combined appellee/cross-appellant’s brief on March 25, 2015. The agreement also

encompassed a schedule and word limits for all subsequent briefs. See Exhibit A.

3. On March 12, 2015, this Court entered an order granting the joint

motion. See Exhibit B.

4. Thereafter, Mercieca sought and obtained additional extensions, such

that his combined appellee/cross-appellent’s brief was filed on May 15, 2015.

5. The Court’s docket for this case currently states that a “reply” is due

on June 15 and a “response” is due on July 6. See Exhibit C.

6. A postcard notification dated May 12, 2014, which granted

Mercieca’s last extension request, described the remaining deadlines more

specifically as follows:

 “Microsoft’s response [to the cross-appellant’s brief] is now due June 15,

2015”

 “Microsoft’s reply [in support of its appellant’s brief] and Mercieca’s reply

[in support of his cross-appellant’s brief] now due July 6, 2015.”

See Exhibit D. These deadlines reflect the sequence anticipated by the parties’

agreement that this Court previously sanctioned. See Exhibit B.

7. Because the calendar entries on the Court’s electronic docket (Exhibit

C) and the deadlines described in the Clerk’s notification (Exhibit D) are not

precisely the same, the parties respectfully ask that the Court enter an amended

order clarifying that all remaining briefs are due as follows:

 Microsoft’s response to the cross-appellant’s brief is due June 15, 2015;

 Microsoft’s reply [in support of its appellant’s brief] and Mercieca’s reply

[in support of his cross-appellant’s brief] are due on July 6, 2015.

CONCLUSION AND PRAYER

For the foregoing reasons, Microsoft respectfully asks, and Mercieca agrees,

that this Court grant the agreed motion to amend scheduling order and direct the

Clerk to amend the electronic docket to reflect the specific deadlines described

above.

Respectfully submitted,

BECK REDDEN LLP

By: /s/ Gretchen S. Sween Eric J.R. Nichols State Bar No. 14994900 enichols@beckredden.com Gretchen S. Sween State Bar No. 24041996 gsween@beckredden.com 515 Congress Avenue, Suite 1750 Austin, TX 78701 (512) 708-1000 (512) 708-1002 (Fax)

Russell S. Post State Bar No. 00797258 rpost@beckredden.com Kate Skagerberg State Bar No. 24058578 kskagerberg@beckredden.com 1221 McKinney Street, Suite 4500 Houston, TX 77010 (713) 951-3700 (713) 951-3720 (Fax)

COUNSEL FOR APPELLANT/CROSS- APPELLEE MICROSOFT CORPORATION

SMITH LAW GROUP, P.C.

By: /s/ D. Todd Smith by permission D. Todd Smith State Bar No. 00797451 todd@appealsplus.com 1250 Capital of Texas Highway South Austin, TX 78746 (512) 439-3230 (512) 439-3232 (Fax)

LEAD APPELLATE COUNSEL FOR APPELLEE/CROSS-APPELLANT MICHAEL MERCIECA

CERTIFICATE OF SERVICE

I hereby certify that on May 19, 2015, a true and correct copy of the foregoing has been served on all counsel of record by the e-filing service provider, if registered, otherwise by email, as follows:

Paul T. Morin

pmorin@austin.rr.com

Roy A. Pollack

roypollack@yahoo.com

503 W. 14th Street Austin, TX 78701

D. Todd Smith

Smith Law Group, P.C. todd@appealsplus.com

1250 Capital of Texas Highway South Three Cielo Center, Suite 601 Austin, TX 78746

Counsel for Appellee/Cross-Appellant, Michael Mercieca

/s/ Gretchen S. Sween Gretchen S. Sween

Exhibit A

Order filed March 12, 2015

In The

NO. 14-15-00024-CV

APPELLANT, MICROSOFT CORPORATION// CROSS-APPELLANT, MICHAEL MERCIECA, Appellant

APPELLEE, MICHAEL MERCIECA// CROSS-APPELLEE, MICROSOFf CORPORATION, Appellee

On Appeal from the 345th District Court Travis County, Texas

Trial Court Cause No. D-1-GN-11-001 030

ORDER

The parties to this appeal filed a joint motion to adopt a briefing schedule and for leave to assert cross-points in appellee's brief. The motion is granted. Accordingly, we order the following:'

1 M iscrosoft 's opening brief as appellant was filed February 23, 2015.

• Mercieca's brief as appellee/cross-appellant shall be due no later than March 25, 2015 25,000-word limit, 15,000 for the appellee's portion and 10,000 for the cross-appellant's portion);

• Microsoft's response to Mercieca's cross-appeal shall be due 30 days after Mercieca's opening brief is filed (10,000-word limit);

• Microsoft's reply brief as appellant and Mercieca's reply brief as cross-appellant shall be due 20 days after Microsoft's response to Mercieca's cross-appeal is filed (7,500-word limit for each brief).

PERCURIAM

Exhibit B

Order filed March 12, 2015

In The

NO. 14-15-00024-CV

APPELLANT, MICROSOFT CORPORATION// CROSS-APPELLANT, MICHAEL MERCIECA, Appellant

APPELLEE, MICHAEL MERCIECA// CROSS-APPELLEE, MICROSOFf CORPORATION, Appellee

On Appeal from the 345th District Court Travis County, Texas

Trial Court Cause No. D-1-GN-11-001 030

ORDER

The parties to this appeal filed a joint motion to adopt a briefing schedule and for leave to assert cross-points in appellee's brief. The motion is granted. Accordingly, we order the following:'

1 M iscrosoft 's opening brief as appellant was filed February 23, 2015.

• Mercieca's brief as appellee/cross-appellant shall be due no later than March 25, 2015 25,000-word limit, 15,000 for the appellee's portion and 10,000 for the cross-appellant's portion);

• Microsoft's response to Mercieca's cross-appeal shall be due 30 days after Mercieca's opening brief is filed (10,000-word limit);

PERCURIAM

Exhibit C

Case Detail Page 1 of 3

CASE: 14-15-00024-CV DATE FILED: 01/08/2015

CASE TYPE: MISCELLANEOUS/OTHER CIVIL

STYLE: APPELLANT, MICROSOFT CORPORATION// CROSS-APPELLANT, MICHAEL MERCIECA

V.: APPELLEE, MICHAEL MERCIECA// CROSS-APPELLEE, MICROSOFT CORPORATION

ORIG PROC: NO

TRANSFER FROM: 3RD COURT OF APPEALS

TRANSFER IN: 01/08/2015

TRANSFER CASE: 03-14-00747-CV

TRANSFER TO:

TRANSFER OUT:

PUB SERVICE:

A P P E L L A TE B R I E F S

DATE EVENT TYPE DESCRIPTION DOCUMENT

BRIEF [ PDF/2.10 MB ]

05/15/2015 BRIEF FILED - ORAL ARGUMENT REQUESTED APPELLEE NOTICE [ PDF/91 KB ]

BRIEF [ PDF/8.24 MB ]

02/23/2015 BRIEF FILED - ORAL ARGUMENT REQUESTED APPELLANT NOTICE [ PDF/91 KB ]

CASE EVENTS

DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT

BRIEF

BRIEF FILED - ORAL [ PDF/2.10 MB ]

05/15/2015 ARGUMENT APPELLEE NOTICE

REQUESTED

[ PDF/91 KB ]

MOTION

05/15/2015 MOTION FILED APPELLEE [ PDF/205 KB ]

APPELLEES BRIEF

05/15/2015 DUE MOTION FOR EXTENSION OF TIME NOTICE 05/12/2015 APPELLEE GRANTED TO FILE BRIEF [ PDF/89 KB ] DISPOSED

MOTION FOR MOTION 05/07/2015 EXTENSION OF TIME APPELLEE [ PDF/160 KB ]

TO FILE BRIEF FILED

http://www.search.txcourts.gov/Case.aspx?cn=14-15-00024-CV&coa=coa14&p=1 5/19/2015

Case Detail Page 2 of 3

DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT

APPELLEES BRIEF

04/24/2015 CROSS-APPELLANT DUE

MOTION FOR MOTION 04/23/2015 EXTENSION OF TIME APPELLEE [ PDF/156 KB ]

TO FILE BRIEF FILED

MOTION FOR EXTENSION OF TIME NOTICE 04/02/2015 CROSS-APPELLANT GRANTED TO FILE BRIEF [ PDF/95 KB ] DISPOSED

04/01/2015 REPLY BRIEF DUE APPELLEES BRIEF

03/25/2015 DUE

MOTION FOR MOTION 03/17/2015 EXTENSION OF TIME CROSS-APPELLANT [ PDF/166 KB ]

TO FILE BRIEF FILED

NOTICE

03/12/2015 ORDER ENTERED [ PDF/91 KB ]

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