In the Fourteenth Court of Appeals Houston, Texas

Transcription

1 Nos CV and CV In the Fourteenth Court of Appeals Houston, Texas CITIGROUP GLOBAL MARKETS REALTY CORP., Appellant, v. STEWART TITLE GUARANTY COMPANY, Appellee, and K.R. PLAYA VI, S. DE R.L. DE C.V., Appellant, v. STEWART TITLE GUARANTY DE MEXICO, S.A. DE C.V., Appellee. On Appeal from the 295th Judicial District Court of Harris County, Texas APPELLANTS UNOPPOSED MOTION TO EXTEND WORD LIMIT ACCEPTED 234EFJ FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 13 January 15 A11:49 Christopher Prine CLERK FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 1/15/ :49:29 AM CHRISTOPHER A. PRINE Clerk William R. Pilat State Bar No KANE RUSSELL COLEMAN & LOGAN, PC 919 Milam, Suite 2200 Houston, Texas Telephone: Facsimile: Attorneys for Appellant K.R. Playa VI, S. de R.L. de C.V. John B. Strasburger State Bar No Jason W. Billeck State Bar No State Bar No Christopher G. Bradley State Bar No WEIL, GOTSHAL & MANGES LLP 700 Louisiana, Suite 1600 Houston, TX Telephone: Facsimile: Attorneys for Appellant Citigroup Global Markets Realty Corp.

2 TO THE HONORABLE FOURTEENTH COURT OF APPEALS: Appellants Citigroup Global Markets Realty Corp. and K.R. Playa VI, S. de R.L. de C.V. file this unopposed motion under Rule 9.4(i)(4) of the Texas Rules of Appellate Procedure, for an extension to the word limit of their respective Reply briefs from the current limit of 7,500 words to a new limit of 12,000 words for Appellant Citigroup and 10,000 words for Appellant K.R. Playa. This extension is necessary in Citigroup s case because Citigroup s only opponent, Stewart Title Guaranty Company, has advanced its responses and raised new issues on appeal using not only the space available to it but also the space of its Mexican subsidiary, Stewart Title Guaranty de Mexico. The latter Stewart entity is the opponent not of Citigroup but of K.R. Playa, whose separate appeal has been consolidated with Citigroup s but whose issues on appeal are largely distinct from Citigroup s. Citigroup is thus being forced to respond to arguments contained in not only the brief of its opponent but also of its opponent s subsidiary. An extension of the word limit is also necessary for K.R. Playa because it similarly must respond to arguments contained in the response briefs of both Stewart Title Guaranty Company and Stewart Title Guaranty de Mexico, including new issues on appeal. In accordance with the new standards for length in effect as of December 1, 2012, even with the extension requested, the aggregate word count of all briefs

3 filed by each of Citigroup and K.R. Playa would not exceed the new aggregate word limit for any party of 27,000 words. See TEX. R. APP. P. 9.4(i)(2)(B). 1 For these reasons, Citigroup respectfully requests that it be granted an extension of the word limit for its Reply to 12,000 words, and K.R. Playa respectfully requests that it be granted an extension of the word limit for its Reply to 10,000 words. 1 Citigroup s opening brief, which was filed before the new word limits were in effect, was 14,583 words, while K.R. Playa s opening brief was 15,829 words. 2

4 Respectfully submitted, /s/ John B. Strasburger State Bar No Jason W. Billeck State Bar No State Bar No Christopher G. Bradley State Bar No WEIL, GOTSHAL & MANGES LLP 700 Louisiana, Suite 1600 Houston, TX Telephone: Facsimile: Attorneys for Appellant Citigroup Global Markets Realty Corp. /s/ William R. Pilat William R. Pilat State Bar No KANE RUSSELL COLEMAN & LOGAN, PC 919 Milam, Suite 2200 Houston, Texas Telephone: Facsimile: Attorneys for Appellant K.R. Playa VI, S. de R.L. de C.V. 3

5 CERTIFICATE OF SERVICE I hereby certify that on January 15, 2013, a true and correct copy of the foregoing Appellants Unopposed Motion to Extend Word Limit was served on appellate counsel, as listed below, via Richard O. Faulk GARDERE WYNNE SEWELL LLP 1000 Louisiana, Suite 3400 Houston, Texas rfaulk@gardere.com Attorney for Appellee Stewart Title Guaranty Company and Appellee Stewart Title Guaranty de Mexico, S.A. de C.V. /s/ CERTIFICATE OF CONFERENCE I hereby certify that on January 15, 2013, I spoke with the following counsel for Appellees, who represented that Appellees do not oppose this Motion: Stacy R. Obenhaus GARDERE WYNNE SEWELL LLP 1601 Elm Street, Suite 3000 Dallas, Texas Attorneys for Appellee Stewart Title Guaranty Company and Appellee Stewart Title Guaranty de Mexico, S.A. de C.V. /s/ 4

6 CERTIFICATE OF COMPLIANCE Pursuant to TEX. R. APP. P. 9.4(i)(3), I hereby certify that this motion contains 340 words, excluding the caption, certificates, and signatures. /s/ 5