vRide Inc., F/K/A VPSI, Inc. v. Ford Motor Company

• Court: Court of Appeals of Texas
• Decided: December 8, 2015
• Docket: 05-15-01377-CV
• Status: Published

Opinion

ACCEPTED 05-15-01377-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 12/8/2015 4:48:19 PM LISA MATZ CLERK

No. 05-15-01377-CV

In the Court of Appeals for the Fifth Judicial DistrictFILED IN 5th COURT OF APPEALS Dallas, Texas DALLAS, TEXAS 12/8/2015 4:48:19 PM VRIDE, INC., F/K/A VPSI, INC., LISA MATZ Clerk

Appellant,

v.

FORD MOTOR COMPANY,

Appellee.

On Appeal from the 116th District Court, Dallas County, Texas, Cause No. DC-14-11247, the Hon. Tonya Parker, presiding

UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF OF APPELLANT

TO THE HONORABLE JUSTICES OF THE FIFTH COURT OF APPEALS:

Comes now, Appellant vRide, Inc., f/k/a VPSI, Inc. (“Appellant”) and files

this Unopposed Motion to Extend Time to File Brief of Appellant. In support of

this Motion, Appellant shows the Court the following:

I. DUE DATE

Appellant’s Brief is currently due January 4, 2016. No previous extension

has been sought by Appellant regarding its Brief. Appellant seeks an additional

thirty (30) days until February 3, 2016 to file its Appellant’s Brief.

Unopposed Motion to Extend Time to File Brief of Appellant Page 1 II. REASONS FOR EXTENSION OF TIME

Appellant’s counsel has been involved in other matters and matters with

deadlines that are quickly approaching. In particular:

1. David Keltner assisted in the preparation and filing of a petition for permission to appeal in the Second Court of Appeals; The Carmichael Family Trust v. Krone Medical Properties, LP, et al., filed on December 8, 2015;

2. Mr. Keltner is preparing for and attending a hearing in Cause No. 2060; Mayo Foundation for Medical Education and Research, et al. v. Courson Oil & Gas, Inc., et al., in the 31st District Court, Roberts County, Texas on December 9, 2015;

3. Mr. Keltner is also preparing for and attending a hearing in Cause No. 153-272310-14; Jennifer Pedroza v. Amanda Hayward, et al., in the 153rd District Court, Tarrant County, Texas on December 10, 2015;

4. Mr. Keltner is attending a mediation in Cause No. 348-259418- 12; Pamela Hicks, et al. v. Gary Salinski, et al., in the 348th District Court, Tarrant County, Texas on December 11, 2015;

5. Mr. Keltner is preparing for and attending an oral argument in No. 14-10-00708-CV; Port of Houston Authority of Harris County v. Zachry Construction Corp., in the Fourteenth Court of Appeals, Houston, Texas on December 14, 2015;

6. Mr. Keltner is preparing for and attending a hearing in Cause No. 048-276595-15; BNSF Railway Company v. Standard Steel, LLC, in the 48th District Court, Tarrant County, Texas on December 16, 2015; and

7. Mr. Keltner will be out of the office during the holidays beginning December 21, 2015 and returning on January 4, 2016.

Unopposed Motion to Extend Time to File Brief of Appellant Page 2 III. EXTENSION SOUGHT IN THE INTEREST OF JUSTICE

The extension sought is not for the purpose of delay, but rather, is sought in

the interest of justice and to allow Appellant to fully brief issues to the Court.

IV. APPELLEE AGREES TO THIS REQUEST

Counsel for Appellee Ford Motor Company, Mike Eady, does not oppose

this motion for extension of time.

V. PRAYER FOR EXTENSION

Therefore, Appellant requests an extension of time of thirty (30) days, until

February 3, 2016, to file its Brief of Appellant. Appellant does not seek this

extension for the purposes of delay. Instead, Appellant seeks this relief to be able

to fully brief the issues.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that the Court

grant an extension of time to file its Brief of Appellant until February 3, 2016.

Unopposed Motion to Extend Time to File Brief of Appellant Page 3 Respectfully submitted,

/s/ David Keltner David E. Keltner State Bar No. 11249500 david.keltner@kellyhart.com April Farris State Bar No. 24069702 april.farris@kellyhart.com KELLY HART & HALLMAN LLP 201 Main Street, Suite 2500 Fort Worth, Texas 76102 817.332.2500—Telephone 817.878.9280—Telecopier

Chris C. Pappas State Bar No. 15454300 cpappas@krcl.com Andrew J. Sarne State Bar No. 00797380 asarne@krcl.com Logan R. Burke State Bar No. 24073978 lburke@krcl.com KANE RUSSELL COLEMAN & LOGAN, PC 5051 Westheimer, 10th Floor Houston, Texas 77056 713.425.7400—Telephone 713.425.7700—Telecopier

Counsel for vRide Inc., f/k/a VPSI, Inc.

Unopposed Motion to Extend Time to File Brief of Appellant Page 4 CERTIFICATE OF CONFERENCE

On December 7, 2015, I contacted counsel for Appellee Ford Motor Company, Mike Eady, and Appellee is not opposed to this Motion.

/s/ David Keltner David E. Keltner

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served upon counsel via electronic filing on December 8, 2015:

Michael W. Eady E. Todd Tracy meady@thompsoncoe.com ttracy@vehiclesafetyfirm.com Ronald D. Wamsted Stewart D. Matthews rwamsted@thompsoncoe.com smatthews@vehiclesafetyfirm.com THOMPSON, COE, COUSINS Andrew G. Counts & IRONS LLP acounts@vehiclesafetyfirm.com 701 Brazos, Suite 1500 THE TRACY FIRM Austin, Texas 78701 5473 Blair Road, Suite 200 Counsel for Appellee Dallas, Texas 75231 Counsel for Appellee

Unopposed Motion to Extend Time to File Brief of Appellant Page 5