Bob E. Woody v. J. Black's, LP And J. Black's GP, LLC ( 2015 )

ACCEPTED 03-15-00293-CV 8409227 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/30/2015 1:24:52 PM JEFFREY D. KYLE CLERK No. 03-15-00293-CV ______________________________________________________________________________ FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS 12/30/2015 1:24:52 PM For the Third Judicial District of Texas JEFFREY D. KYLE Austin, Texas Clerk ______________________________________________________________________________ BOB E. WOODY, Plaintiff-Appellant, v. J. BLACK’S, LP and J. BLACK’S, GP, LLC, Defendants-Appellees. ________________________________________________________ On Appeal from Cause No. D-1-GN-09-001436 In the 345th Judicial District Court of Travis County, Texas The Honorable Steven Yelenosky Presiding ________________________________________________________ Appellant’s Unopposed First Motion for Extension of Time to File Reply Brief TO THE HONORABLE COURT OF APPEALS: Appellant’s reply brief currently is due January 7, 2016. Pursuant to Texas Rule of Appellate Procedure 38.6(d), appellant respectfully requests a 15-day extension of time until January 22, 2016 to file his reply brief. This extension is requested for the following reasons. 1 In addition to the year-end holidays, the undersigned has had primary responsibility for the following additional commitments during December 2015:  preparing the response brief on the merits (filed December 16, 2015) on behalf of the plaintiff-respondent Latosha A. Lewis in an insurance matter: National Lloyds Insurance Co. v. Latosha A. Lewis, No. 15-0261 (Supreme Court of Texas);  Preparing the response (filed December 18, 2015) to a second motion to dismiss on behalf of the plaintiff in a federal antitrust matter: Viva Cinemas Theaters and Entertainment LLC d/b/a Viva Cinema v. America Multi- Cinema, Inc., No. 4:15-cv-01015 (S.D. Tex.);  preparing the response brief (currently due January 4, 2016) on behalf of plaintiff-appellee Janice Ishee in the appeal of a state court breach of fiduciary duty case: Ishee v. Ishee, No. 9-15-00197-CV (9th District Court of Appeals, Beaumont, Texas); Although the undersigned has not given these commitments priority over the current appeal, the undersigned could not complete appellant’s reply brief in this matter by January 7, 2016 given the deadlines in these other matters. The undersigned has confirmed that appellees are unopposed to this motion. No prior extensions have been previously requested or granted for appellant’s reply brief. Prayer Appellant respectfully request that the Court grant him a 15-day extension of time to file his reply brief. 2 Respectfully submitted, /s/ Jeremy Gaston Jeremy Gaston Texas SBN 24012685 jgaston@hmgnc.com HAWASH MEADE GASTON NEESE & CICACK LLP 2118 Smith Street Houston, Texas 77002 Telephone: (713) 658-9001 Facsimile: (713) 658-9011 Rick Gray Texas SBN 08328300 rick.gray@graybecker.com Gray & Becker, PC 900 West Avenue Austin, TX 78701-2210 Telephone: 512-482-0061 Facsimile: 512-482-0924 Tom C. McCall Texas SBN 13350300 tmccall@themccallfirm.com David B. McCall Texas SBN 13344500 dmccall@themccallfirm.com The McCall Firm 3660 Stoneridge Road, Suite F-102 Austin, Texas 78746-7759 Telephone: (512) 477-4242 Facsimile: (512) 477-2271 Hector H. Cardenas, Jr. Texas SBN 00790422 hcardenas@cardenas-law.com THE CARDENAS LAW FIRM 3660 Stoneridge Road, Suite F-102 Austin, Texas 78746-7759 3 Telephone: (512) 477-4242 Facsimile: (512) 477-2271 Counsel for Appellant 4 Certificate of Conference The undersigned conferred with appellees’ counsel regarding this motion, and appellees are unopposed to the relief requested herein. /s/ Jeremy Gaston Jeremy Gaston 5 CERTIFICATE OF SERVICE I certify that on December 30, 2015 a true and correct copy of the foregoing document was served on the following counsel of record by electronic filing: Eric J. Taube Andrew Vickers Hohmann, Taube & Summers, LLP 100 Congress Avenue, 18th Floor Austin, TX 78701-4042 Counsel for J. Black’s, LP and J. Black’s, GP, LLC Counsel for Appellees /s/ Jeremy Gaston Jeremy Gaston 6