Richard Patrick Fagerberg v. Steve Madden, Ltd. SXSW, Inc. and W3 Event Specialists, Inc.

• Court: Court of Appeals of Texas
• Decided: August 3, 2015
• Docket: 03-13-00286-CV
• Status: Published

Opinion

ACCEPTED 03-13-00286-CV 6339267 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/3/2015 10:17:43 PM JEFFREY D. KYLE CLERK

No. 03-13-00286-CV FILED IN In the Third Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS 8/3/2015 10:17:43 PM Austin, Texas JEFFREY D. KYLE Clerk

RICHARD PATRICK FAGERBERG,

Appellant V.

STEVE MADDEN, LTD., SXSW, INC., AND W3 EVENT SPECIALISTS, INC.,

Appellees

APPEAL FROM CAUSE NO. D-1-GN-13-000933 261ST DISTRICT COURT OF TRAVIS COUNTY, TEXAS HON. SUZANNE COVINGTON PRESIDING

MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING AND/OR MOTION FOR EN BANC RECONSIDERATION REGARDING APPELLEE W3 EVENT SPECIALISTS, INC.

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant Richard Patrick Fagerberg files this motion requesting a 30-day

extension of time for filing any motion for rehearing or motion for en banc

reconsideration with respect to Appellee W3 Event Specialists, Inc. only.

Appellant respectfully shows: 1. On July 3, 2015, this Court issued an opinion and judgment affirming

the trial court’s summary judgments favoring all three appellants. By rule, any

motion for rehearing or for en banc reconsideration was originally due on July 20,

2015. Appellant files this motion within 15 days of that date.

2. Appellant requests a 30-day extension, or until August 19, 2015, for

filing any motion for rehearing motion or for en banc reconsideration with respect

to Appellee W3 Event Specialists, Inc. only. Appellant has requested no previous

extensions of this deadline.

3. As grounds, Appellant states that he is carefully considering his

options and need additional time to determine whether to pursue rehearing or en

banc reconsideration in this Court.

4. The demands of other cases prevented completion of any such

motions by the original deadline. More specifically, the undersigned has been

occupied with the following matters since the Court released its opinion:

• finalizing and filing a petition for review in Tom Bennett and James B. Bonham Corp. v. Larry Wayne Grant, No. 15-0338 in the Supreme Court of Texas;

• preparing and filing cross-appellant’s reply brief in Microsoft Corp. v. Michael Mercieca, No. 14-15-00024-CV in the Fourteenth Court of Appeals;

• preparing a reply in support of relator’s mandamus petition in In re Brad Haskins and Sue Miller, No. 03-15-00406-CV before this Court;

2 • appearing as lead counsel and preparing a motion for rehearing on behalf of the real party in interest in In re Seton Northwest Hospital, et al., No. 03-15-00269-CV before this Court; and

• preparing and filing an amended plea to the jurisdiction and a motion to compel arbitration and attending hearings in North Austin Muslim Community Center, Inc. v. Professional StruCIVIL Engineering, Inc. and Mirza Tahir Baig, No. D-1-GN-15-001715 in the 345th Judicial District Court of Travis County, Texas;

In addition, the undersigned was on a family trip out of state from July 21 through

July 28 and will be out of the office at a conference and on vacation from August

6, through August 17, 2015.

CONCLUSION AND PRAYER

Appellant respectfully requests that the Court grant this motion, thus making

any motion for rehearing or motion for en banc reconsideration against Appellee

W3 Event Specialists, Inc. due on August 19, 2015. Appellant requests all other

appropriate relief to which he is entitled.

3 Respectfully submitted,

SMITH LAW GROUP LLLP /s/D. Todd Smith D. Todd Smith State Bar No. 00797451 todd@appealsplus.com 1250 Capital of Texas Highway South Three Cielo Center, Suite 601 Austin, Texas 78746 (512) 439-3230 (512) 439-3232 (fax)

Counsel for Appellant Richard Patrick Fagerberg

CERTIFICATE OF CONFERENCE

In compliance with Texas Rule of Appellate Procedure 10.1(a)(5), I certify

that I conferred with John Dailey, lead appellate counsel for Appellee W3 Event

Specialists, who informed me that any extension of time to file these motions

would be opposed.

/s/D. Todd Smith D. Todd Smith

4 CERTIFICATE OF SERVICE

On August 3, 2015, in compliance with Texas Rule of Appellate Procedure

9.5, I served this document by e-service, e-mail, and/or mail to:

Steven J. Knight CHAMBERLAIN, HRDLICKA, WHITE, WILLIAMS & AUGHTRY 1200 Smith Street, Suite 1400 Houston, Texas 77002-4496 Counsel for Appellee Steve Madden, Ltd.

Peter D. Kennedy GRAVES, DOUGHERTY, HEARON & MOODY, P.C. 401 Congress Avenue, Suite 2200 Austin, Texas 78701 Counsel for Appellee SXSW, Inc.

John T. Dailey ALLEN, STEIN & DURBIN, P.C. 6243 IH-1 0 West, 7th Floor P. O. Box 101507 San Antonio, Texas 78201 Counsel for Appellee W3Event Specialists, Inc.