Village Crestmont Houston USA, L.L.C. and West Crestmont Houston USA, L.L.C. v. Jose J. Gaitan, Individually and D/B/A EC & J Remodeling & Painting

Opinion

ACCEPTED

05-15-00456-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

9/22/2015 4:41:30 PM

LISA MATZ

CLERK

NO. 15-15-00456-CV

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FILED IN

5th COURT OF APPEALS

IN THE DALLAS, TEXAS COURT OF APPEALS OF TEXAS FOR THE 9/22/2015 4:41:30 PM FIFTH JUDICIAL DISTRICT LISA MATZ Clerk

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VILLAGE CRESTMONT HOUSTON USA, L.L.C., WEST CRESTMONT HOUSTON USA, L.L.C.,

Appellants,

vs.

JOSE J. GAITAN, d/b/a EC&J REMODELING AND PAINTING

Appellee.

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ON RESTRICTED APPEAL FROM THE ONE HUNDRED NINETY-FIRST JUDICIAL DISTRICT COURT, DALLAS COUNTY (NO. DC-14-08108)

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MOTION BY COUNSEL FOR THE APPELLANTS TO WITHDRAW AND FOR A THIRTY DAY EXTENSION OF THE BRIEFING DEADLINE (UNOPPOSED)

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Matthew Paul Nickson Texas Bar No. 24056043 2807 East Grove Houston, Texas 77027 Tel. (713) 204-3247 Fax (713) 961-1031 mpnickson@gmail.com Counsel for Appellants

TO THE HONORABLE JUSTICES OF THE FIFTH COURT OF APPEALS:

1. Matthew Paul Nickson, counsel for the Appellants, respectfully

requests that this Court permit his withdrawal from the representation herein.

Neither the Appellants nor the attorney for the Appellee are/is

opposed to this withdrawal. On September 22, 2015, the Appellants,

through their principal, Mr. Abraham Vaknin, were informed via text

message of their right to object to this Motion (counsel and Mr. Vaknin are

in frequent communication).

1a. Counsel does not feel that he is able effectively to represent the

Appellants. This is not a tacit concession of the justness of the claim by the

Appellee.

1b. The Appellants have certified that that they are not opposed to this

Motion. Counsel is providing a copy of this Motion to the authorized agent

for the Appellants, Mr. Abraham Vaknin, via electronic mail to

atmk21@aol.com. In addition, on September 22, 2015, counsel will cause a

copy of this Motion to be sent to Mr. Vaknin via regular mail and certified

mail at the following address (which is the address for Mr. Vaknin):

99 Roberts Road Englewood Cliffs, New Jersey 07632 Tel. (914) 260-3665

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2. After a thirty (30)day extension, the brief herein is due to be filed on

September 2, 2015. This briefing deadline is the only extant deadline in this

appeal. Counsel for the Appellants respectfully asks for a thirty day

extension of the deadline for filing the opening brief, through and including

October 2, 2015. The purpose of the extension is to benefit the Appellants

or new counsel.

PRAYER

Wherefore, premises considered, Matthew Paul Nickson, counsel for

the Appellants, respectfully requests that he be withdrawn as counsel of

record for the Appellants, and he respectfully asks that the Court grant a

thirty day enlargement of time for filing the opening brief for the Appellants.

Respectfully submitted,

/s/ Matthew Paul Nickson

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Matthew Paul Nickson Texas Bar No. 24056043 2807 East Grove Houston, Texas 77027 Tel. (713) 204-3247 Fax (713) 961-1031 mpnickson@gmail.com Counsel for Appellants

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CERTIFICATE OF CONFERENCE

I, Matthew Paul Nickson, hereby certify that I have conferred via e-

mail with Mr. Timothy Pletta, counsel for the Appellee. On September 22, 2015, Mr. Pletta stated that he does not oppose this Motion.

/s/ Matthew Paul Nickson

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Matthew Paul Nickson Counsel for Appellants

CERTIFICATE OF SERVICE

The undersigned certifies that, on September 22, 2015, a true and correct copy of the above and foregoing Motion was served, as indicated, in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure, upon the following attorney of record for the Appellee:

Via ProDoc e-filing: Mr. Timothy Gerard Pletta Attorney at Law 150 Bethel Road Coppell, Texas 75019

/s/ Matthew Paul Nickson

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Matthew Paul Nickson Counsel for Appellants