PrimaLend Capital Partners, LP and LNCMJ Management, LLC v. Meir Benit, Individually, and Ron Benit, as Trustee of the Meir Benit Trust

• Court: Court of Appeals of Texas
• Decided: March 11, 2024
• Docket: 05-23-01261-CV
• Status: Published

Opinion

ACCEPTED 05-23-01261-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 3/11/2024 10:25 AM RUBEN MORIN CLERK

No. 05-23-01261-CV

IN THE FIFTH COURT OF APPEALS FILED IN 5th COURT OF APPEALS DALLAS, TEXAS DALLAS, TEXAS 3/11/2024 10:25:04 AM Ruben Morin PRIMALEND CAPITAL PARTNERS, LP AND LNCMJ MANAGEMENTClerk , LLC,

Appellants,

V.

MEIR BENIT, INDIVIDUALLY AND RON BENIT, AS TRUSTEE OF THE MEIR BENIT TRUST,

Appellees.

On Appeal from the 95th Judicial District Court of Dallas County Cause No. DC-21-06229

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

Pursuant to Texas Rules of Appellate Procedure 10.5 and 52.9, Appellants

PrimaLend Capital Partners, LP and LNCMJ Management, LLC respectfully file

this Unopposed Second Motion for Extension of Time to File its Opening Brief. The

current deadline for filing the Brief is March 22, 2024. Appellants requests a thirty-

day extension of time for a new deadline of April 22, 2024. The undersigned lead appellate counsel for Appellants is currently out of the

country on a long-planned family trip. In addition, I have had to devote time and

attention to the following matters:

1. Preparation of Motion for Rehearing in Repsol Oil & Gas USA, LLC v. Matrix Petroleum, LLC, in the Fourth Court of Appeals, No. 04-18- 00411-CV, due March 13, 2024;

2. Preparation of Appellee’s Brief in West Harbour, LLC v. Orleans Harbour Homeowners Association, Inc., in the Fourteenth Court of Appeals, No. 14-23-00249-CV, due March 18, 2024 (extension may be requested);

3. Preparation of Appellee’s Brief in PBAC 507 Holdings, LLC v. Broadview Properties, LLC, in the Third Court of Appeals, No. 03-23- 00411-CV, due March 25, 2024 (extension is being requested); 4. Preparation for trial Palo Duro G&P (Oklahoma) L.P., et al. v. Wheeler County Appraisal District, in the 31st Judicial District Court of Hemphill County, Texas, No. 14328, set for April 8, 2024; and

5. Preparation for trial Palo Duro G&P (Oklahoma) L.P., et al. v. Wheeler County Appraisal District, in the 31st Judicial District Court of Hemphill County, Texas, No. 7755, set for April 22, 2024.

Unless otherwise indicated, the deadlines were scheduled prior to the deadline

sought to be extended, have already been extended previously, and/or are difficult

or not possible to reschedule due to the circumstances surrounding the particular

deadline. These responsibilities further support the requested extension. This

extension is not sought for the purposes of delay. One prior extension has been

granted for this deadline.

2 As set forth in the Certificate of Conference below, counsel for this motion

for extension of time is unopposed.

For these reasons, Appellants request that the Motion for Extension of Time

be granted and the deadline for their opening brief be extended 30 days to April 22,

2024.

3 Respectfully submitted,

/s/ Marcy Hogan Greer Marcy Hogan Greer State Bar No. 08417650 mgreer@adjtlaw.com ALEXANDER DUBOSE & JEFFERSON LLP 515 Congress Ave., Suite 2350 Austin, Texas 78701 Telephone: (512) 482-9300 Facsimile: (512) 482-9303

R. Scott Seifert Texas Bar No. 24003860 sseifert@spencerfane.com Laurie N. Patton Texas Bar No. 24078158 lpatton@spencerfane.com Kimberly H. Kerns Texas Bar No. 24071217 kkerns@spencerfane.com SPENCER FANE LLP 5700 Granite Parkway, Suite 650 Plano, Texas 75024 Telephone: (214) 750-3610 Facsimile: (214) 750-3612

Jacob Sparks Texas Bar No. 24066126 Jacob.sparks@nelsonmullins.com NELSON MULLINS RILEY & SCARBOROUGH LLP 5830 Granite Parkway, Suite 1000 Plano, Texas 75024 Telephone: (469) 484-4758

ATTORNEYS FOR APPELLANTS

4 CERTIFICATE OF CONFERENCE

I certify that I conferred with Brian P. Shaw, counsel for appellees, on March

10, 2024, and his clients do not oppose the relief requested in this motion.

/s/ Marcy Hogan Greer Marcy Hogan Greer

CERTIFICATE OF SERVICE

I certify that on March 11, 2024, a true and correct copy of this motion is

served via electronic service through eFile.TXCourts.gov on parties through counsel

of record.

5 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Mandy Patterson on behalf of Marcy Greer Bar No. 8417650 mpatterson@adjtlaw.com Envelope ID: 85402877 Filing Code Description: Motion Filing Description: Unopposed Second Motion for Extension of Time to File Appellants' Brief Status as of 3/11/2024 10:37 AM CST

Associated Case Party: PrimaLend Capital Partners, LP

Name BarNumber Email TimestampSubmitted Status

Mandy Patterson mpatterson@adjtlaw.com 3/11/2024 10:25:04 AM SENT

Marcy HoganGreer mgreer@adjtlaw.com 3/11/2024 10:25:04 AM SENT

Stacey Jett sjett@adjtlaw.com 3/11/2024 10:25:04 AM SENT

R. ScottSeifert sseifert@spencerfane.com 3/11/2024 10:25:04 AM SENT

Laurie N.Patton lpatton@spencerfane.com 3/11/2024 10:25:04 AM SENT

Kimberly H.Kerns kkerns@spencerfane.com 3/11/2024 10:25:04 AM SENT

Jacob Sparks jacob.sparks@nelsonmullins.com 3/11/2024 10:25:04 AM SENT

Cathi Trullender ctrullender@adjtlaw.com 3/11/2024 10:25:04 AM SENT

Associated Case Party: Meir Benit

Brian P.Shaw bshaw@ccsb.com 3/11/2024 10:25:04 AM SENT

Daniel JamesBennett dan@danbennettlaw.com 3/11/2024 10:25:04 AM SENT

Tania Sethi tsethi@ccsb.com 3/11/2024 10:25:04 AM ERROR

Case Contacts

Brent Rubin brubin@ccsb.com 3/11/2024 10:25:04 AM SENT

Maria Kountz mkountz@ccsb.com 3/11/2024 10:25:04 AM ERROR

Whitney Martinez wmartinez@ccsb.com 3/11/2024 10:25:04 AM ERROR