David Rogers v. Gregorio "Greg" Casar ( 2015 )

ACCEPTED 03-15-00505-CV 7740929 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/9/2015 11:40:00 AM JEFFREY D. KYLE CLERK No. 03-15-00368-CV IN THE FILED IN THIRD COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 11/9/2015 11:40:00 AM JEFFREY D. KYLE _______________________________________ Clerk Laura Pressley, Appellant, v. Gregorio “Greg” Casar, Appellee. _______________________________________ No. 03-15-00505-CV David Rogers, Appellant, v. Gregorio “Greg” Casar, Appellee. _______________________________________ UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEFS _______________________________________ TO THE HONORABLE THIRD COURT OF APPEALS: On September 25, 2015, the Court granted Appellee Gregorio “Greg” Casar’s Unopposed Motion to Consolidate and Reset Briefing Deadlines. Accordingly, the deadlines in both of the above-styled appeals run from the filings in No. 03-15-00505- CV. Appellant filed his brief in No. 03-15-505-CV on October 27, 2015, making Appellee’s briefs for both appeals due on November 16, 2015. Pursuant to Rule 10.5(b) and Rule 38.6 of the Texas Rules of Appellate Procedure, Appellee files this unopposed motion and asks for a thirty (30) day extension of time by which to file his briefs. Granting this motion would make the briefs due on December 16, 2015. Appellee seeks this extension because his appellate counsel, Kurt Kuhn, has several other matters that have and continue to consume his docket, including: • Preparing an amicus brief in No. 14-0743; Southwest Royalties, Inc. v. Hegar; Supreme Court of Texas; • Preparing a Reply in Support of Petition for Review in No. 15-0504; Arbor Windsor Court, Ltd., v. Weekley Homes, L.P.; Supreme Court of Texas; • Preparing an amicus brief in No. 15-0523; ACE Cash Express, Inc. v. The City of Denton, Texas; in the Texas Supreme Court; and • Preparing a petition for review in No. 15-0725, Debra Hren v. Recruiting Partners GP, Inc. d/b/a Kinney Recruiting, Inc., due on December 4, 2015. This request is not made for the purpose of delay. It is necessary to allow Appellee’s counsel time to properly prepare the briefs. This motion is the first extension requested in this matter, and counsel for Appellants does not oppose the relief sought. Prayer For these reasons, Appellee asks for an additional thirty (30) days to file his briefs, extending the time until December 16, 2015. 2 Dated: November 9, 2015 Respectfully submitted, By:/s/Kurt Kuhn Charles Herring, Jr. Kurt Kuhn State Bar No. 09534100 State Bar No. 24002433 cherring@herring-irwin.com kurt@kuhnhobbs.com Lauren Ross Lisa Bowlin Hobbs State Bar No. 24092001 State Bar No. 24026905 laurenbross@herring-irwin.com lisa@kuhnhobbs.com HERRING & PANZER, L.L.P. KUHN HOBBS PLLC 1411 West Avenue, Suite 100 3307 Northland Drive, Suite 310 Austin, Texas 78701 Austin, Texas 78731-4946 (512) 320-0665 (512) 476-6000 (512) 519-7580 (fax) (512) 476-6002 (fax) Jessica Palvino State Bar No. 24048780 jpalvino@mcginnislaw.com MCGINNIS, LOCHRIDGE & KILGORE, LLP 600 Congress Avenue, Suite 2100 Austin, Texas 78701 (512) 495-6079 (512) 505-6379 (fax) Counsel for Appellee 3 CERTIFICATE OF CONFERENCE Pursuant to Texas Rule of Appellate Procedure 10.1, I hereby certify that I conferred with Appellant David Rogers and counsel for Laura Pressley, Mark Cohen, regarding this motion. Both Mr. Rogers and Mr. Cohen indicated that they are unopposed to the extension of time. /s/ Kurt Kuhn Kurt Kuhn CERTIFICATE OF SERVICE I hereby certify that, November 9, 2015, I served electronically a copy of this motion on counsel of record as listed below: Mark Cohen 805 West 10th Street, Suite 100 Austin, Texas 78701 mark@cohenlegalservices.com David Rogers Law Office of David Rogers 1201 Spyglass Suite 100 Austin, TX 78746 Firm@DARogerslaw.com /s/ Kurt Kuhn Kurt Kuhn 4