The opinion
ACCEPTED
03-13-00080-CV
3820406
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/20/2015 9:39:42 AM
JEFFREY D. KYLE
CLERK
NO. 03-13-00080-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
FOR THE THIRD DISTRICT
1/20/2015 9:39:42 AM
OF TEXAS AT AUSTIN JEFFREY D. KYLE
Clerk
APPELLANTS CENTRAL AUSTIN APARTMENTS, LLC, UP-32ND STREET,
LLC, UP-32ND STREET HOSPITALITY, LLC // CROSS-APPELLANTS EAST
AVENUE PROPERTY OWNERS’ ASSOCIATION, INC., UP AUSTIN
HOLDINGS, LP and UP AUSTIN LAND HOLDINGS, LP
v.
APPELLEES UP AUSTIN HOLDINGS, LP, UP AUSTIN LAND HOLDINGS,
LP, and EAST AVENUE PROPERTY OWNERS’ ASSOCIATION, INC. //
CROSS-APPELLEES CENTRAL AUSTIN APARTMENTS, LLC, UP-32ND
STREET, LLC, UP-32ND STREET HOSPITALITY, LLC
Appeal from the 53rd Judicial District Court
of Travis County, Texas
Honorable Scott Jenkins, Presiding
Trial Court No. D-1-GN-11-003367
SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME
TO FILE MOTION(S) FOR REHEARING
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 49.8,
Appellees/Cross-Appellants UP Austin Holdings, LP and UP Austin Land
Holdings, LP (collectively, “UP Austin”), Appellee/Cross-Appellant East Avenue
Property Owners’ Association, Inc. (“POA”), and Appellants/Cross-Appellees
Central Austin Apartments, LLC, UP-32nd Street, LLC, and UP-32nd Street
Hospitality, LLC (collectively, “Cypress Defendants”) file this Second Joint
Agreed Motion for Extension of Time to File Motion(s) for Rehearing and
respectfully request that this Honorable Court grant each party a 7-day extension of
time to file a Motion for Rehearing, to and including January 29, 2015.
In support thereof, the parties would respectfully show the Court as follows:
1. This Court issued its 44-page opinion and judgment in Central Austin
Apartments, LLC, et al. v. UP Austin Holdings, LP, et al., No. 03-13-00080-CV, on
December 8, 2014.
2. On December 19, 2014, the parties jointly filed a motion requesting a 30-
day extension of time to file motion(s) for rehearing. The Court granted that
motion on December 22, 2014.
3. The parties’ respective Motion(s) for Rehearing currently are due on
January 22, 2015.
4. The parties request an extension of time of 7 days, to and including,
January 29, 2015. This is each party’s second request for an extension on any
motion for rehearing.
4. Good cause supports this request. The parties actively have pursued
settlement discussions since the Court issued its opinion and currently are working
on finalizing the language of a settlement agreement. The parties are optimistic
SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME
TO FILE MOTION(S) FOR REHEARING – PAGE 2
that a settlement, which would allow the trial court to dismiss the action on
remand, will be reached.
5. This extension is not sought for delay, but rather to allow the parties and
counsel to finalize a settlement agreement, which would obviate the need for
further proceedings on the merits in this Court and any other.
PRAYER
For the foregoing reasons, the parties pray that the Court grant this Second
Joint Agreed Motion for Extension of Time to File Motion(s) for Rehearing, and
grant each party an additional 7 days, to and including January 29, 2015, in which
to file a Motion for Rehearing. The parties pray for such other and further relief to
which they may be entitled.
SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME
TO FILE MOTION(S) FOR REHEARING – PAGE 3
Respectfully submitted,
/s/ Thomas S. Leatherbury /s/ Jane M. N. Webre
Thomas S. Leatherbury Jane M. N. Webre
State Bar No. 12095275 State Bar No. 21050060
Matthew R. Stammel Sara W. Clark
State Bar No. 24010419 State Bar No. 00794847
Scott, Douglass & McConnico, L.L.P.
VINSON & ELKINS LLP
600 Congress Avenue, Suite 1500
2001 Ross Avenue, Suite 3700 Austin, Texas 78701
Dallas, Texas 75201-2975 E-mail: jwebre@scottdoug.com
214.220.7700 E-mail: sclark@scottdoug.com
214.999.7705 (facsimile)
tleatherbury@velaw.com Jeffrey J. Hobbs
mstammel@velaw.com State Bar No. 24012837
J. Bruce Scrafford
Attorneys for Appellees/Cross- State Bar No. 17931100
Appellants UP Austin Holdings, LP Armbrust & Brown, PLLC
100 Congress Avenue, Suite 1300
and UP Austin Land Holdings, LP
Austin, Texas 78701
E-mail: jhobbs@abaustin.com
/s/ Eric J. Taube E-mail: bscrafford@abaustin.com
Eric J. Taube
Attorneys for Appellant/Cross-Appellee
State Bar No. 19679350
East Avenue Property Owners’
Neal Meinzer
Association, Inc.
State Bar No. 00797065
Hohmann, Taube & Summers, L.L.P.
100 Congress Avenue, 18th Floor
Austin, Texas 78701
E-mail: erict@hts-law.com
E-mail: nealm@hts-law.com
Attorneys for
Appellants/Cross-Appellees
Central Austin Apartments, L.L.C.,
UP-32nd Street, L.L.C., and
UP-32nd Street Hospitality, L.L.C.
SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME
TO FILE MOTION(S) FOR REHEARING – PAGE 4
CERTIFICATE OF SERVICE
The undersigned certifies that on the 20th day of January 2015, the
foregoing Second Joint Motion for an Extension of Time to File Motion(s) for
Rehearing was served on the following attorneys in accordance with the
requirements of the Texas Rules of Appellate Procedure via electronic filing or
email.
Jeffrey J. Hobbs Eric J. Taube
J. Bruce Scrafford Neal Meinzer
Armbrust & Brown, PLLC Hohmann, Taube & Summers, L.L.P.
100 Congress Avenue, Suite 1300 100 Congress Avenue, 18th Floor
Austin, Texas 78701 Austin, Texas 78701
E-mail: jhobbs@abaustin.com E-mail: erict@hts-law.com
E-mail: bscrafford@abaustin.com E-mail: nealm@hts-law.com
Jane M. N. Webre Attorneys for
Sara W. Clark Appellants/Cross-Appellees
Scott, Douglass & McConnico, L.L.P. Central Austin Apartments, L.L.C.,
600 Congress Avenue, Suite 1500 UP-32nd Street, L.L.C., and
Austin, Texas 78701 UP-32nd Street Hospitality, L.L.C.
E-mail: jwebre@scottdoug.com
E-mail: sclark@scottdoug.com
Attorneys for Appellant/Cross-Appellee
East Avenue Property Owners’
Association, Inc.
/s/ Thomas S. Leatherbury
Thomas S. Leatherbury
US 3253154
SECOND JOINT AGREED MOTION FOR EXTENSION OF TIME
TO FILE MOTION(S) FOR REHEARING – PAGE 5