The opinion
ACCEPTED
01-15-00470-cv
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/9/2015 5:11:59 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00470-CV
FILED IN
1st COURT OF APPEALS
In The First Court of Appeals HOUSTON, TEXAS
Houston, Texas 11/9/2015 5:11:59 PM
CHRISTOPHER A. PRINE
Clerk
DANIEL LEON STEIN,
Appellant,
V.
JOHN REGER and SHU W. REGER,
Appellees.
On Appeal from the 281st District Court
Harris County, Texas
Trial Court Cause No. 2014-25605
UNOPPOSED THIRD MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
Appellant, Daniel Leon Stein, files this unopposed third motion for extension
of time to file his brief, under Texas Rules of Appellate Procedure 38.6(d) and
10.5(b)(1):
A. INTRODUCTION.
1. This is an appeal from a summary judgment.
2. Appellant’s brief is currently due November 9, 2015.
3. This Court ordered the parties to mediation. Though the case has not
settled yet, the parties are in good faith negotiations, and expect the
matter to be resolved soon.
4. Appellant has sought and received two thirty day extensions.
5. This motion seeks an additional time of 30 days, up to and including
December 9, 2015.
B. BASES FOR EXTENSIONS.
6. In addition to attempting to prepare the brief in this case, Mr. Kelly has
been working on the following deadlines:
* Prepared a brief in New Hampshire Insurance Company v. Candis
Mora, el al., Cause No. 01-15-00406-CV, in the First Court of Appeals,
Houston, Texas, filed on October 22, 2015;
* Preparing a response and for a hearing on a motion to compel in Carolyn
Jodel Trotter v. River City Bus Company, LLC, River City Coaches, Inc.
and Maclovio Adams, Jr., Cause No. 2014-CI-10152, in the 45th
Judicial District Court, Bexar County, San Antonio, on November 10,
2015;
* Preparing for a response to emergency motion in Carolyn P. Austin v.
Coface Seguro De Credito Mexico, S.A. DE C.V., et al., Cause No. 01-
15-00760-CV, in the First Court of Appeals, Houston, Texas;
* Preparing a brief on the merits in Brenda Ponce and Ricco Gonzalez, as
Natural Parents, Next Friends and Legal Guardians of E.G., a minor v.
Memorial Hermann Health System d/b/a Memorial Hermann Memorial
City Hospital, Cause No. 15-0042, in the Supreme Court of Texas, due
on November 12, 2015; and
* Preparing for hearing on a motion for new trial/ motion for
reconsideration of summary judgment in Carto Properties, LLC, Jen
Marie Rau, Individually, Key Maps, Inc. and The Jen Marie Rau Life
Insurance v. Briar Capital, L.P., et al., Cause No. 2015-09664, in the
11th Judicial District Court, Harris County, on November 16, 2015.
C. PRAYER.
7. Therefore, appellant asks that the Court grant his request for an
extension of 30 days to file his brief, or up to and including December 9, 2015.
Respectfully submitted,
KELLY, DURHAM & PITTARD, L.L.P.
By: /s/ Peter M. Kelly
Peter M. Kelly (Lead Counsel)
State Bar No. 00791011
1005 Heights Boulevard
Houston, Texas 77008
Telephone: 713.529.0048
Facsimile: 713.529.2498
Email: pkelly@texasappeals.com
THE LEON LAW FIRM, P.C.
By: /s/ Carlos Leon
Carlos A. Leon
State Bar No.00794157
Piero A. Garcia
State Bar No.24090112
Comerica Bank Building
One Sugar Creek Center Blvd., Ste. 980
Telephone: 281.980.4529
Facsimile: 281.980.4530
Counsel for Appellant
Daniel Leon Stein
CERTIFICATE OF CONFERENCE
I, Peter M. Kelly, certify that I have conferred with opposing counsel, and
Robert Browning does not oppose this request for an extension of time.
/s/ Peter M. Kelly
Peter M. Kelly
CERTIFICATE OF COMPLIANCE
Relying on the word count function in the word processing software used to
produce this document, I certify that the number of words in this motion (excluding
any caption, signature, proof of service, and certificate of compliance) is 378.
This motion complies with the typeface requirements of TRAP 9 because:
WordPerfect X6 in 14-point Aldine401 BT.
/s/ Peter M. Kelly
Peter M. Kelly
CERTIFICATE OF SERVICE
A true and correct copy of this Unopposed Motion for Extension has been
forwarded to all counsel of record on November 9, 2015, as follows:
Kenneth G. Engerrand (Lead Counsel)
Robert M. Browning
James L. Silliman
BROWN SIMS, P.C.
1177 West Loop South, Tenth Floor
Houston, Texas 77027-9007
kengerrand@brownsims.com
rbrowning@brownsims.com
jsilliman@brownsims.com
Counsel for Appellees John Reger and Shu W. Reger
/s/ Peter M. Kelly
Peter M. Kelly