ACCEPTED 03-15-00461-CV 7850582 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/16/2015 4:10:23 PM JEFFREY D. KYLE CLERK NO. 03-15-00461-CV CYCLED PLASTICS, LTD., § IN THE THIRD FILED IN CYCLED PLASTICS § 3rd COURT OF APPEALS AUSTIN, TEXAS MANAGEMENT, LLC, ADAM § 11/16/2015 4:10:23 PM MOSIER, MICHAEL LARGENT, § JEFFREY D. KYLE KENNETH BRIMMER and § Clerk HDI PLASTICS, INC., § Appellants § § v. § COURT OF APPEALS § BROWN REAL ESTATE § VENTURES 5, § Appellee § AUSTIN, TEXAS AND BROWN REAL ESTATE § IN THE THIRD VENTURES 5, § Cross-Appellant § § v. § COURT OF APPEALS § HDI PLASTICS, INC., § Cross-Appellee § AUSTIN, TEXAS AGREED MOTION TO EXTEND TIME TO FILE BRIEFS Appellants, Cycled Plastics, Ltd., Cycled Plastics Management, LLC, Adam Mosier, Michael Largent, Kenneth Brimmer and HDI Plastics, Inc., and Cross- Appellants Brown Real Estate Ventures 5 ask the Court to extend the time to file their brief.

1. There is no specific deadline to file this motion to extend time. See Tex. R. App. P. 38.6(d).

I 2. All parties have agreed to this motion. Because of current caseloads and the intervening holidays, the parties request the indulgence of the Court.

3. The Court has the authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file a brief.

4. Appellants' and Cross-Appellant's brief are due November 30,2015.

5. Appellants' and Cross-Appellant request an additional 45 days to file their brief, extending the time until January 14, 2016.

6. No extension has been granted to extend the time to file Appellants' and Cross-Appellant's brief.

7. Appellants and Cross-Appellant need additional time to file their briefs.

For these reasons, Appellants and Cross-Appellant ask the Court to grant an extension of time to file their brief until January 14, 2016.

Respectfully submitted,

Michael Deitch State Bar Number 05644550 Brian Deitch State Bar Number 24067572 Rio Grande Austin, Texas 78701 512/474-1554 512/474-1579 Fax [email protected] [email protected]

Attorneys for Cross-Appellant Brown Real Estate Ventures 5

illiams, Adkinson & Brown,

M. Matthew Williams State Bar Number 24047115 Glenn A. Brown State Bar Number 00796255 12117 Bee Caves Road, Suite 3-240 Austin, Texas 78738 512/ 322-2001 512/322-0882 Fax [email protected] [email protected] Attorneys for Appellants Cycled Plastics, Ltd., Cycled Plastics Management, LLC, Adam Mosier, Michael Largent and Kenneth Brimmer

Respectfully submitted, Appellant HDI Plastics, Inc. "" By:~~~-" '- Kenneth Brimmer, President 10275 Wayzata Blvd. Minnetonka, MN 55305

CERTIFICATE OF CONFERENCE I certifY that I have conferred with Mr. Williams (counsel for Appellants Cycled Plastics, Ltd., Cycled Plastics Management, LLC, Adam Mosier, Michael Largent and Kenneth Brimmer) and with Mr. Brimmer (President of Appellant HDI Plastics, Inc., prose) and they have agreed as evidenced by their

Michael Deitch