Victory Cheval Holdings, LLC Garrett Jennings And Castle Crown Management, LLC v. Dennis Antolik Victor Antolik And Cheval Manor, Inc. D/B/A Austin Polo Club ( 2015 )

ACCEPTED 03-15-00464-CV 8036292 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/1/2015 2:57:16 PM JEFFREY D. KYLE CLERK NO. 03-15-00464-CV __________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT OF TEXAS12/1/2015 2:57:16 PM AT AUSTIN JEFFREY D. KYLE ________________________________________________Clerk VICTORY CHEVAL HOLDINGS, LLC, GARRETT JENNINGS AND CASTLE CROWN MANAGEMENT, LLC, Appellants v. DENNIS ANTOLIK, VICTOR ANTOLIK and CHEVAL MANOR, INC., Appellees APPELLEES’ AGREED MOTION FOR SECOND EXTENSION OF DEADLINE TO FILE SUPPLEMENTAL CLERK’S AND REPORTER’S RECORDS TO THE HONORABLE THIRD COURT OF APPEALS: Appellees Dennis Antolik and Cheval Manor, Inc. (“Appellees”) file this motion to extend the deadline to file supplemental clerk’s and reporter’s records from the hearing on the cross motions for contempt referred to the trial court by this Court. The parties have not submitted a supplemental record from the contempt hearing, because that hearing has not yet occurred. Because has been continued to January 6, 2016, Appellees respectfully request that the supplemental 8590-02/00541175.000 1 record deadline be extended until January 20, 2016. This an interlocutory appeal from a temporary injunction. Both sides have filed motions for contempt, which this Court referred to the trial court for hearing in orders issued on September 10 and 28, 2015. At the request of the parties, the Court previously extended the deadline to submit supplemental clerk’s and reporter’s records to November 24, 2015. After extensive negotiations, the parties have agreed on a general framework that they believe will finally resolve all disputes between the parties, including this appeal and the contempt motions. Because the parties are still finalizing the details of their settlement, they agreed to continue the contempt hearing until January 6, 2016. The trial court also requested that it be allowed two weeks after the hearing to prepare the supplemental clerk’s and reporter’s records. The parties missed the November 24, 2015 supplemental record deadline because they and the trial court’s staff were still trying to coordinate a date on which to reset the contempt hearing, which was not settled until the day of the filing of this motion. PRAYER Accordingly, Appellees Dennis Antolik and Cheval Manor, Inc. respectfully request that the Court extend the deadline for all parties to submit the supplemental clerk’s and reporter’s records from the contempt hearing until January 20, 2016. 8590-02/00541175.000 2 Respectfully submitted, TAUBE SUMMERS HARRISON TAYLOR MEINZER BROWN LLP By: /s/ Cleveland R. Burke Mark C. Taylor State Bar No. 19713225 Cleveland R. Burke State Bar No. 24064975 100 Congress Avenue, 18th Floor Austin, Texas 78701 (512) 472-5997 (512) 472-5248 (FAX) mtaylor@taubesummers.com cburke@taubesummers.com ATTORNEYS FOR DENNIS ANTOLIK AND CHEVAL MANOR, INC. CERTIFICATE OF CONFERENCE I hereby certify that I conferred via email with Appellee Victor Antolik’s attorney Jack Bacon and Appellants’ attorneys Kemp Gorthey and Peyton Smith, all of whom agreed to the relief sought in this motion. /s/ Cleveland R. Burke Cleveland R. Burke 8590-02/00541175.000 3 CERTIFICATE OF SERVICE I hereby certify that the counsel listed below were served with a true and correct copy of the foregoing motion via eFile.TXCourts.gov on December 1, 2015: Kemp Gorthey Jack Bacon The Gorthey Law Firm 3839 Bee Caves Rd., Ste. 100 604 W. 12th Street Austin, Texas 78746 Austin, Texas 78701 hotbacon@me.com kemp@gortheylaw.com Counsel for Appellee Victor Antolik Counsel for Appellants Garrett Jennings and Castle Crown Management, LLC Peyton N. Smith Brian L. King Reed & Scardino LLP 301 Congress Avenue, Suite 1250 Austin, Texas 78701 psmith@reedscardino.com bking@reedscardino.com Counsel for Appellant Victory Cheval Holdings, LLC /s/ Cleveland R. Burke Cleveland R. Burke 8590-02/00541175.000 4