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

Opinion

ACCEPTED 03-13-00286-CV 6630108 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/24/2015 5:03:21 PM JEFFREY D. KYLE CLERK

No. 03-13-00286-CV FILED IN In the Third Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS 8/24/2015 5:03:21 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

SECOND MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING

TO THE HONORABLE THIRD COURT OF APPEALS:

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

extension of time for filing the motion for rehearing submitted to the Court on

August 21, 2015. 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. Appellant received a 30-day extension of time—to August 19, 2015—for filing any motion

for rehearing or for en banc reconsideration.

2. The new due date was miscalendared in the undersigned counsel’s

office. Instead of reflecting August 19, 2015 as the new due date, the calendar

reflected a due date of August 21, 2015. Counsel thus erroneously believed the

motion to be timely when filed.

3. Appellant asks the Court to extend his time for filing his motion for

rehearing by two days so as to render the recent filing timely.

CONCLUSION AND PRAYER

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

his motion for rehearing against Appellee W3 Event Specialists, Inc. due on

August 21, 2015. Appellant requests all other appropriate relief to which he is

entitled.

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

2 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 a motion for

rehearing would be opposed.

/s/D. Todd Smith D. Todd Smith

3 CERTIFICATE OF SERVICE

On August 24 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.