Roscoe F. "Trey" White, III, White Ventures Energy LLC v. Michael Pottorff and Monica Fabbio

Opinion

ACCEPTED 05-14-00675-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 8/31/2015 4:06:42 PM LISA MATZ CLERK

No. 05-14-00675-CV

FILED IN 5th COURT OF APPEALS IN THE DALLAS, TEXAS COURT OF APPEALS FOR THE FIFTH DISTRICT COURT OF TEXAS 8/31/2015 4:06:42 PM AT DALLAS LISA MATZ Clerk

Roscoe F. “Trey” White, III, and White Ventures Energy, LLC,

Appellants,

v.

Michael Pottorff and Monica Fabbio, derivatively on behalf of Investors Group, LLC f/k/a WE Investors Group, LLC

Appellees

Appeal from County Court at Law No. 4, Dallas County, Texas Cause No. CC-11-00751-D The Honorable Ken Tapscott, Presiding Judge

______________________________________________________________________________

JOINT MOTION FOR EXTENSION OF TIME TO FILE MOTIONS FOR REHEARING ______________________________________________________________________________

The deadline to file Motions for Rehearing is September 2, 2015. The

parties request a 14-day extension of time, until September 16, 2015, to file their

motions. This is first request for an extension.

Appellees need additional time because their counsel have had and will have

several deadlines in other matters which coincide and interfere with Appellees’

1 current deadline. Since the opinion was issued on August 18, 2015, Appellees’

counsel have had the following deadlines: preparing for, taking and defending

depositions of defendants and both parties’ experts in Cause No. DC‐13‐08521, in

the 91st Judicial District Court of Dallas County on August 18, 19 and 20, 2015; a

deposition in Cause No. D‐1‐GN‐11‐3133, in the 261st Judicial District Court of

Travis County on August 24, 2015; and mediation in Cause No. DC‐13‐08521on

August 27, 2015.

In addition to the above-listed deadlines, Appellants’ counsel are scheduled

for the following during the remainder of the time left to file the motion for

rehearing: mediation on September 1, 2015 in Cause No. 14-O-018, in the 421st

Judicial District court of Caldwell County; summary‐judgment responses on

September 2 and 4, 2015 in Cause No. DC‐13‐08521, along with summary

judgment hearings in that case on September 7 and 9, 2015; depositions of

four deponents on September 3 and September 10, 2015 in Cause No. D‐1‐GN‐

11‐3133; and finally, a preferentially‐set jury trial in Cause No. DC‐13‐

08521beginning on September 14, 2015.

Appellants request the same extension so that they will not be placed at

a disadvantage by the Appellees having Appellant’s motion for rehearing to

analyze and draft a response to two weeks before Appellants receive

Appellee’s motion for rehearing.

2 Prayer

Based on the foregoing, the parties request that the Court grant their request

for a 14-day extension of time to file their motions for rehearing.

Respectfully submitted,

DUGGINS WREN MANN & ROMERO, LLP P.O. Box 1149 | Austin, Texas 78767 512.744.9300 (tel.) | 512.744.9399 (fax)

By: /s/ William P. Johnson William P. Johnson | SBN: 24002367 bjohnson@dwmrlaw.com Adrian Ciechanowicz | SBN: 24045659 aciechanowicz@dwmrlaw.com

Attorneys for Appellees

and

HAWKINS PARNELL THACKSTON & YOUNG, LLP 4541 Cole Avenue, Suite 500 Dallas, TX 75205 214.780.5114 (tel.) | 214.780.5200 (fax)

By: /s/ Robert B. Gilbreath Robert B. Gilbreath | SBN: 07904620 rgilbreath@hptylaw.com

Attorneys for Appellants

3 CERTIFICATE OF SERVICE

I certify that on August 31, 2015, I served a true and correct copy of the foregoing document via email to:

Robert B. Gilbreath HAWKINS PARNELL THACKSTON & YOUNG, LLP 4541 Cole Avenue, Suite 500 Dallas, TX 75205 rgilbreath@hptylaw.com

Attorneys for Appellants

/s/ William P. Johnson William P. Johnson