Villa Dijon Condominium Association, Inc. and Implicity Management Company v. Mary Winters and Mila Cheatom

Opinion

ACCEPTED 04-15-00342-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/28/2015 4:53:01 PM KEITH HOTTLE CLERK

No. 04-15-00342-CV

FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS SAN ANTONIO, TEXAS FOURTH JUDICIAL DISTRICT 10/28/2015 4:53:01 PM SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk

VILLA DIJON CONDOMINIUM ASSOCIATION, INC. AND IMPLICITY MANAGEMENT COMPANY

Appellants

v.

MARY WINTERS AND MILA CHEATOM

Appellees

APPELLANTS' FIRST UNOPPOSED MOTION FOR EXTENSION

OF TIME TO FILE APPELLANTS' BRIEF

TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:

Appellants, Villa Dijon Condominium Association, Inc. (hereafter "Villa

Dijon") and Implicity Management Company (hereafter "Implicity"), file this

motion to extend the time for Appellants to file their Appellants' brief pursuant to

Rule 10.S(b) of the Texas Rules of Appellate Procedure. In support of this motion,

Appellants will show this honorable court as follows:

1 The Appellants' brief in this appeal is currently due on October 31, 2015, a

Saturday, thereby making the actual deadline the following Monday, November 2,

2015. By this motion, Appellants seek an extension of time of 8 days or until

November 10, 2015 to file their appellant's brief. This is Appellants' first request

for an extension of time to file its Appellants' brief in this cause and Appellees do

not oppose this extension.

Appellants' counsel, Robert W. Loree, has a very active and busy multi-state

trial docket in both Texas and Colorado. Currently, in Colorado, Mr. Loree is

preparing for a November 16, 2015 trial in Case No. 14-cv-00200-CMA-KMT;

Avalon Condominium Association Inc. v. Secura Insurance, A Mutual Company; In

the United States District Court for the District of Colorado. This preparation

includes many upcoming pre-trial deadlines, including responding to Defendant's

motion in limine, responding to Defendant's proposed jury charge, responding to

Defendant's proposed jury charge, drafting voir dire questions, and filing

Plaintiffs final witness and exhibit lists, all of which are due on November 2,

2015-the date the brief in this cause is currently due. Further in the Avalon case,

Appellant's counsel also has two replies in support of motions to strike due on the

same day.

Mr. Loree is also retained as Plaintiffs Counsel on Civil Action No. 1:14-

CV-03226-WYD; Manchester Place HOA, Inc. v. Owners v. Owners Insurance

2 Company; In the United States District Court of Colorado. Until earlier this month,

the discovery deadline in that case was October 19, 2015. The parties had also

scheduled four depositions to be taken from October 19-22, 2015. Due to

emergency circumstances, in a telephonic hearing on October 13, 2015, the

discovery deadline was extended until the dispositive motion deadline in that case,

November 19, 2015, and the previously scheduled depositions were stayed. The

four depositions must now be re-scheduled before November 19, 2015.

Mr. Loree also has another case, Cause No. 1:15-cv-00386-KLM; Northgate

Village, LLC v. Hartford Casualty Insurance Company; In the United States

District Court for the District of Colorado, in which depositions were scheduled for

October 19-23, 2015, but had to be rescheduled. The discovery deadline in that

case is November 20, 2015.

Finally, in the trial court in this cause, two hearings are currently set for

November 3, 2015-the day after the brief is due-on Defendants' Motion to

Suspend the Enforcement of Plaintiffs' Default Judgment During the Pendency of

Defendants' Appeal, or Alternatively, Greatly Decrease Amount of Security from

Defendants and Defendants' Agreed Motion for Extension of Time to Respond to

Plaintiffs' Post-Judgment Discovery.

Due to these commitments in Colorado and his heavy work load in Texas,

Mr. Loree has not had sufficient time to prepare Appellants' brief in this cause.

3 Appellants therefore request a short extension of time, eight (8) days until

November 10, 2015 to file their brief. Again, this is Appellants' first request for an

extension of time.

WHEREFORE, PREMISES CONSIDERED, Appellants request that the

court grant it an extension of time to file their Appellants' brief for 8 days or until

November 10, 2015 and award Appellants such other relief as may be proper.

Respectfully submitted,

Loree & Lipscomb, 777 E. Sonterra Blvd., Suite 320 San Antonio, Texas 78258 Telephone: (210) 404-1320 Facsimile: (210) 404-1310

Robert W. Lo e State Bar No. 579200 Email: rob@lhllawfirm.com

Attorney for Appellants

4 VERIFICATION

STATE OF TEXAS § § COUNTY OF BEXAR §

BEFORE ME, the undersigned authority, on this day personally appeared Robert W. Loree, who after being duly sworn, stated under oath that he has read the above and foregoing motion and that the facts stated therein are within his personal knowledge and are true and correct.

SWORN AND SUBSCRIBED TO BEFORE ME on October d'D, 2015.

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CERTIFICATE OF CONFERENCE

On October 28, 2015, during a telephone conversation, Appellees' counsel's office informed Appellants' counsel's associate that Appellees were not opposed to this motion for an extension of time.

5 CERTIFICATE OF SERVICE

I hereby certified that on October 28, 2015, Appellants served a true and correct copy of this motion on counsel for Appellees, Jacob S. Leibowitz, 700 North St. Mary's Street, Suite 1750, San Antonio, Texas, by facsimile transmission to (210) 225-2567.