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 5559956 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/5/2015 10:53:38 AM JEFFREY D. KYLE CLERK No. 03-15-00259-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE 6/5/2015 10:53:38 AM 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 UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF ______________________________________________________________ TO THE HONORABLE THIRD COURT OF APPEALS: Appellant, Becky, Ltd., files this Unopposed Motion to Extend Time to File Brief and in support would respectfully show as follows: 1. Appellant’s brief is currently due on June 5, 2015. 2. Appellant requests an additional seven (7) days to file its brief, extending the time to June 12, 2015. AUS-6115819-1 521106/1 3. Appellant needs additional time to file its brief because the Appellant has requested preparation of a supplemental clerk’s record, which should be filed shortly. In addition, the undersigned has been working on a petition for review filed with the Texas Supreme Court on May 18, 2015, in Case No. 15-0373, Malouf v. State of Texas, and preparing for a hearing before the State Office of Hearings and Appeals on June 2, 2015, in PUCT Docket Numbers 44547 and 44649. 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 Motion for Extension of Time to File Brief on or before June 12, 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) 2 AUS-6115819-1 521106/1 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) 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 5th day of June, 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-6115819-1 521106/1