City of San Antonio v. Casey Industrial, Inc. ( 2015 )

ACCEPTED 04-14-00429-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 7/15/2015 3:45:27 PM KEITH HOTTLE CLERK NO. 04-14-00429-CV FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS FOR THE SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS DISTRICT07/15/2015 3:45:27 PM SAN ANTONIO, TEXAS KEITH E. HOTTLE Clerk CITY OF SAN ANTONIO, ACTING THROUGH CITY PUBLIC SERVICE BOARD OF SAN ANTONIO Appellant v. CASEY INDUSTRIAL, INC. Appellee On Appeal from the 408th Judicial District Court Bexar County, Texas The Hon. Michael E. Mery, Presiding UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING TO THE HONORABLE JUSTICES OF THE COURT: Appellee Casey Industrial, Inc. respectfully files this motion requesting that the time for filing a motion for rehearing and motion for reconsideration en banc be extended thirty (30) days to August 17, 2015 (30 days falling on Saturday, August 15, 2015). As good cause, Appellee would show the following: I. This Court issued its opinion and judgment on July 1, 2015, making the motion for rehearing due July 16, 2015. No previous extensions of time to file this motion have been requested or granted. II. At the time the opinion issued, I had prior commitments that prevented immediate work on and completion of a motion for rehearing by the current deadline, including but not limited to: (1) extensive legal research for purposes of preparing dispositive motions in Maricela Aguirre, et al. v. Compass Well Services, LLC, et al., Cause No. C-5481-14- G, pending in the 370th Judicial District Court, Hidalgo County, Texas; (2) extensive legal research and briefing in preparation of a response to a motion for rehearing City of Houston, et al. v. Little Nell Apartments, LP, et al., No. 14-0473, pending in the Supreme Court of Texas; and (3) legal research in opposition to a Motion to Disqualify and potential mandamus in Jimmy Martinez v. H.E. Butt Grocery Company, et al., Cause No. 2013- CI-04168, pending in the 408th Judicial District Court, Bexar County, Texas. This extension is not sought for purposes of delay, but is needed as a result of the previously mentioned deadlines and commitments. 2 For these reasons, Appellee Casey Industrial, Inc. prays that this motion be granted and that the time for filing its motion for rehearing be extended thirty (30) days to August 17, 2015. Respectfully submitted, /s/ Nissa M. Dunn NISSA M. DUNN State Bar No. 14766450 HOUSTON DUNN, PLLC 4040 Broadway, Suite 440 San Antonio, Texas 78209 Telephone: (210) 775-0881 Fax: (210) 826-0075 nissa@hdappeals.com JOHN C. HOWELL State Bar No. 10101650 ALLEN STEIN & DURBIN, P.C. 6243 IH-10 West, Suite 700 San Antonio, Texas 78201-2092 Telephone: (210) 734-7488 Fax: (210) 738-8036 jhowell@asdh.com CHRISTOPHER A. WRIGHT Pro Hac Vice WATT TIEDER HOFFAR & FITZGERALD, LLP 1215 Fourth Avenue, Suite 2210 Seattle, Washington 98161 Telephone: (206) 204-5800 Fax: (206) 204-0284 cwright@watttieder.com ATTORNEYS FOR APPELLEE CASEY INDUSTRIAL, INC. 3 CERTIFICATE OF CONFERENCE I certify that I contacted appellate counsel for Appellant, Judith R. Blakeway by e-mail on July 15, 2015, concerning the substance of this motion. Ms. Blakeway responded that Appellant would not oppose the motion. /s/ Nissa M. Dunn Nissa M. Dunn CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of this document has been delivered, pursuant to the Texas Rules of Appellate Procedure on the 15th day of July, 2015, to the following: Judith R. Blakeway Via E-service and/or E-mail STRASBURGER & PRICE, LLP 2301 Broadway San Antonio, Texas 78215 judith.blakeway@strasburger.com Annalyn G. Smith Via E-service and/or E-mail SCHMOYER REINHARD, LLP 17806 IH-10 West, Suite 400 San Antonio, Texas 78257 asmith@sr-llp.com /s/ Nissa M. Dunn NISSA M. DUNN 4