throbber
ACCEPTED
`13-23-00272-cv
`THIRTEENTH COURT OF APPEALS
`CORPUS CHRISTI, TEXAS
`9/1/2023 11:48 AM
`Kathy S. Mills
`CLERK
`
`NO. 13-23-00272-CV
`
`
`
`
`
`IN THE COURT OF APPEALS
`FOR THE THIRTEENTH DISTRICT OF TEXAS
`AT CORPUS CHRISTI
`
`NOVUS PRIME PROPERTIES, LLC,
`
`Appellant,
`
`v.
`SPACE EXPLORATION TECHNOLOGIES CORP.,
`Appellee.
`
`On Appeal from the 107th District Court, Cameron County, Texas
`Trial Court Cause No. 2021-DCL-03184
`
`APPELLEE’S UNOPPOSED MOTION FOR EXTENSION
`
`
`
`
`
`
`
`
`
`Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellee
`
`
`
`
`
`
`
`Space Exploration Technologies Corp. (“SpaceX”), respectfully files
`
`this
`
`Unopposed Motion for Extension of time to file its opening brief. SpaceX requests
`
`a 30-day extension to October 11, 2023.
`
`1.
`
`The present deadline for the SpaceX’s response brief is September 11,
`
`2023.
`
`2.
`
`3.
`
`brief.
`
`SpaceX requests a 30-day extension to Wednesday, October 11, 2023.
`
`This is SpaceX’s first request to extend the deadline for the response
`
` FILED IN
`
` 13th COURT OF APPEALS
`
`CORPUS CHRISTI/EDINBURG, TEXAS
`
` 9/1/2023 11:48:01 AM
`
` KATHY S. MILLS
`
` Clerk
`
`

`

`4.
`
`Counsel for Appellant Novus Prime Properties, LLC has advised that
`
`Appellant does not oppose the requested extension.
`
`5.
`
`6.
`
`Appellant filed its opening brief on August 21, 2023.
`
`The following grounds provide good cause for the requested 30-day
`
`extension. SpaceX has recently retained additional counsel from Morgan Lewis &
`
`Bockius LLP to assist with the appeal, and new counsel will need adequate time to
`
`familiarize themselves with the case and the record. Lead counsel on appeal for
`
`SpaceX, William R. Peterson, has principal responsibility for preparation of the
`
`opening brief.
`
`7.
`
`In light of the above, the extension of time that SpaceX requests is
`
`necessary to prepare the Appellee’s brief and to fully present this matter to the Court.
`
`CONCLUSION & PRAYER FOR RELIEF
`
`For these reasons, SpaceX respectfully requests a 30-day extension to October
`
`
`
`11, 2023, to file its response brief.
`
`2
`
`

`

`Dated: September 1, 2023
`
`
`Respectfully submitted,
`
`
`
`
`MORGAN, LEWIS & BOCKIUS LLP
`
`
`By:
`
`/s/ William R. Peterson
`William R. Peterson
`State Bar No. 24027726
`william.peterson@morganlewis.com
`Catherine L. Eschbach
`State Bar No. 24097665
`catherine.eschbach@morganlewis.com
`1000 Louisiana, Suite 4000
`Houston, Texas 77002
`(713) 890-5000
`(713) 890-5001 (facsimile)
`
`SANCHEZ, WHITTINGTON, WOOD & OROZCO,
`LLC
`
`Francisco J. Orozco, Jr.
`State Bar No. 24088162
` forozco@southtexaslegal.com
`3505 Boca Chica Blvd., Suite 100
`Brownsville, Texas 78521
`(956) 546-3731 - Telephone
`(956) 546-3765 or 3766 - Facsimile
`
`
`
`Counsel for Space Exploration
`Technologies Corp.
`
`
`
`
`
`3
`
`

`

`CERTIFICATE OF CONFERENCE
`
`As required by Texas Rule of Appellate Procedure 10.1(a)(5), I hereby certify
`that on August 31, 2023, my co-counsel conferred with counsel for Appellant, who
`stated that Appellant is unopposed to this motion.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ William R. Peterson
`William R. Peterson
`
`
`
`4
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that on September 1, 2023 a true and correct copy of the
`foregoing document was served on all counsel of record in accordance with the
`Texas Rules of Civil Procedure by the electronic filing service provider as follows:
`
`
`
`Counsel for Appellant, Novus Prime Properties LLC
`
`Gustavo A. Grajales
`The Law Offices of Gustavo A. Grajales, PLLC
`905 E. Los Ebanos Blvd., Suite D
`Brownsville, Texas 78520
`Tel: (956) 280-5787
`Fax: (956) 546-2235
`gusgrajaleslaw@gmail.com
`
`Tomas F. Tijerina
`Benigno (Trey) Martinez
`MBMT Law Firm
`1201 E. Van Buren
`Brownsville, Texas 78520
`Ph. (956) 550-4868
`Fax (956) 621-0135
`ttijerina@mbmtlawfirm.com
`trey@mbmtlawfirm.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ William R. Peterson
`William R. Peterson
`
`
`
`5
`
`

`

`Automated Certificate of eService
`This automated certificate of service was created by the efiling system.
`The filer served this document via email generated by the efiling system
`on the date and to the persons listed below. The rules governing
`certificates of service have not changed. Filers must still provide a
`certificate of service that complies with all applicable rules.
`Norma Orozco on behalf of William Peterson
`Bar No. 24065901
`norma.orozco@morganlewis.com
`Envelope ID: 79157049
`Filing Code Description: Motion
`Filing Description: Appellee's Unopposed Motion for Extension
`Status as of 9/1/2023 11:54 AM CST
`
`Associated Case Party: Novus Prime Properties, LLC
`
`Name
`Samantha Garza
`Mayra Padilla
`Gustavo A.Grajales
`Benigno (Trey) Martinez
`Tomas Tijerina
`Andrea Espinoza
`Stephanie Contreras
`
`BarNumber Email
`sam@mbmtlawfirm.com
`mayra@mbmtlawfirm.com
`gusgrajaleslaw@gmail.com
`trey@mbmtlawfirm.com
`ttijerina@mbmtlawfirm.com
`andrea@mbmtlawfirm.com
`stephanie@mbmtlawfirm.com
`
`TimestampSubmitted
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`SENT
`SENT
`
`Case Contacts
`
`Name
`William R.Peterson
`Michelle Pector
`Jared Wilkerson
`Norma Orozco
`Catherine L.Eschbach
`Francisco Orozco
`Ana Hernandez
`
`BarNumber Email
`william.peterson@morganlewis.com
`michelle.pector@morganlewis.com
`jared.wilkerson@morganlewis.com
`norma.orozco@morganlewis.com
`catherine.eschbach@morganlewis.com
`forozco@southtexaslegal.com
`ahernandez@southtexaslegal.com
`
`TimestampSubmitted
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`9/1/2023 11:48:01 AM
`
`Status
`SENT
`SENT
`SENT
`SENT
`SENT
`SENT
`SENT
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket