Royal Bengal Construction, Inc. v. United Rentals, Inc.

• Court: Court of Appeals of Texas
• Decided: May 5, 2025
• Docket: 15-25-00053-CV
• Status: Published

Opinion

ACCEPTED 15-25-00053-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/5/2025 9:45 PM NO. 15-25-00053-CV CHRISTOPHER A. PRINE CLERK ______________________ FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS IN THE 5/5/2025 9:45:24 PM COURT OF APPEALS CHRISTOPHER A. PRINE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN Clerk ______________________

ROYAL BENGAL CONSTRUCTION, INC.

v.

UNITED RENTALS, INC.

Appealed from 191ST Judicial District Court Trial Court Cause No. DC-24-02808 in Dallas County, Texas

APPELLANT’S UNOPPOSED MOTION TO EXTEND TIME TO FILE PRINCIPAL BRIEF

TO THE HONORABLE COURT OF APPEALS

APPELLANT, by and through counsel, file this MOTION TO EXTEND

TIME TO FILE BRIEF and would show this Court the following:

BACKGROUND & RELIEF REQUESTED

1. Appellant’s Brief on the merits is due on May 7, 2025.

2. Appellant has not previously requested an extension of its Principal Brief.

3. Appellee requests a 44 days extension of its APPELLANT’S BRIEF due date

to June 20, 2025.

MOTION FOR EXTENSION OF TIME PAGE 1 OF 4 ATTEMPTS TO CONFERENCE

4. Counsel for Appellee is Unopposed.

BACKGROUND

5. Appellant and Appellee, through counsel, have been negotiating settlement of

the underlying judgment between them and have nearly reached a settlement

agreement of the claims and judgment underlying this Appeal.

6. While focusing on resolving this matter and the underlying issues Appellant

needs additional time for preparation of Appellant’s brief as Appellant sought to

conserve the costs of attorney resources while trying to negotiate a settlement

between the parties.

CAUSES FOR EXTENSION

7. Appellant needs additional time because Appellant and Appellee are nearing

a settlement agreement to resolve the underlying judgment, preparing a settlement

agreement, and finalizing negotiations.

8. During this time, Appellant desired to conserve attorney resources and would

need additional time to prepare its Appellant’s brief in the unlikely even the parties

do not reach a settlement.

9. This extension is not sought solely for delay, not sought for needless delay, or

to be used as an instrument of oppression against Appellant.

MOTION FOR EXTENSION OF TIME PAGE 2 OF 4 10. This extension is sought to allow adequate time to fully and adequately

respond to Appellant’s brief and so that justice may be done.

11. Neither party will be prejudiced by the extension.

12. Both parties will be prejudiced—by not granting the extension—because then

both sides might otherwise have to devote resources to prosecuting this appeal while

also working toward a resolution.

PRAYER FOR RELIEF

Wherefore, premises considered, Movant prays that this Court will GRANT this

motion, and prepare an ORDER moving the due date for Movant’s Brief forward 44

days, from its current due date of May 7, 2025, to June 20, 2025.

Respectfully Submitted.

By: /s/ William Knisley WILLIAM KNISLEY SBOT No. 24095728 William@Knisley.Law

KNISLEY, PLLC PO BOX 803710 Dallas TX 75380 (T) 972-925-9225 ATTORNEY FOR APPELLANT

CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of this document has been E- Served on all parties or their counsel of record through the Texas E-File System via their email address on file on 5/5/2025. /s/ William Knisley

MOTION FOR EXTENSION OF TIME PAGE 3 OF 4 CERTIFICATE OF CONFERENCE The undersigned certifies that counsel for Appellee is unopposed to this Motion.

/s/ William Knisley

MOTION FOR EXTENSION OF TIME PAGE 4 OF 4 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.

Envelope ID: 100467914 Filing Code Description: Motion Filing Description: Motion For Extension of Time to File Brief Status as of 5/6/2025 7:07 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Tracy East paralegal@barnettgarcia.com 5/5/2025 9:45:24 PM NOT SENT

Matt Garcia matt@barnettgarcia.com 5/5/2025 9:45:24 PM NOT SENT

William Knisley William@Knisley.Law 5/5/2025 9:45:24 PM NOT SENT