Becky, Ltd. v. the City of Cedar Park, Matt Powell, Stephen Thomas, Lyle Grimes, Lowell Moore, Jon Lux, and Don Tracy ( 2015 )

ACCEPTED 03-15-00259-CV 6958149 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/16/2015 3:43:39 PM JEFFREY D. KYLE CLERK No. 03-15-00259-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE 9/16/2015 3:43:39 PM THIRD COURT OF APPEALS JEFFREY D. KYLE AUSTIN, TEXAS Clerk ____________________________________________________________ BECKY, LTD., Appellant V. THE CITY OF CEDAR PARK, STEPHEN THOMAS, MATT POWELL, MITCH FULLER, LYLE GRIMES, LOWELL MOORE, JON LUX, AND DON TRACY, Appellees _____________________________________________________________ ON APPEAL FROM THE 126TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS ______________________________________________________________ APPELLANT’S SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF ______________________________________________________________ TO THE HONORABLE THIRD COURT OF APPEALS: Appellant, Becky, Ltd., files this Second Unopposed Motion to Extend Time to File Reply Brief and in support would respectfully show as follows: 1. Appellant’s reply brief is currently due on September 17, 2015. 2. Appellant requests an additional fourteen (14) days to file its brief, extending the time to October 1, 2015. Appellant will not seek any further extensions. AUS-6166795-1 521106/1 3. Appellant needs additional time to file its brief because counsel for Appellant has been in trial before the State Office of Hearings and Appeals in PUCT Docket Numbers 44547 and 44649, and then preparing post-trial briefs for same. 4. This request is not for purpose of delay, but so that justice may be done and this Court may be fully informed of all factual and legal information relevant to the proper disposition of this appeal. WHEREFORE, PREMISES CONSIDERED, Appellant requests that this Court grant its Second Unopposed Motion for Extension of Time to File Reply Brief on or before October 1, 2015. Respectfully submitted, HUSCH BLACKWELL LLP By /s/ Elizabeth G. Bloch ELIZABETH G. BLOCH State Bar No. 02495500 Heidi.bloch@huschblackwell.com 111 Congress Avenue, Suite 1400 Austin, Texas 78701-4093 (512) 472-5456 (Telephone) (512) 479-1101 (Facsimile) Leonard B. Smith State Bar No. 18643100 lsmith@leonardsmithlaw.com P.O. Box 684633 Austin, Texas 78768 (512) 914-3732 (Telephone) (512) 532-6446 (Facsimile) 2 AUS-6166795-1 521106/1 ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE The undersigned certifies that she has consulted via email with counsel for Appellees the City of Cedar Park and the individual Appellees, and they have indicated that they do not oppose this motion. /s/ Elizabeth G. Bloch ELIZABETH G. BLOCH CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the 16h day of September, 2015, via the Court’s electronic filing system and/or email to the following counsel of record: Cobby Caputo ccaputo@bickerstaff.com Bradley B. Young byoung@bickerstaff.com Bickerstaff Heath Delgado Acosta LLP 3711 South MoPac Expressway Building One, Suite 300 Austin, Texas 78746 /s/ Elizabeth G. Bloch 3 AUS-6166795-1 521106/1