the City of Austin Firefighters' and Police Officers' Civil Service Commission, Mark Washington, Arturo Acevedo, and the City of Austin v. William M. Stewart ( 2015 )

ACCEPTED 03-15-00591-CV 7912629 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/19/2015 4:05:18 PM JEFFREY D. KYLE CLERK No. 03-15-00591-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 11/19/2015 4:05:18 PM FOR THE THIRD JUDICIAL DISTRICT JEFFREY D. KYLE Clerk AT AUSTIN, TEXAS THE CITY OF AUSTIN FIREFIGHTERS AND POLICE OFFICERS’ CIVIL SERVICE COMMISSION, DIRECTOR MARK WASHINGTON, CHIEF ARTURO ACEVEDO, AND THE CITY OF AUSTIN, TEXAS, Defendants/Appellants, v. WILLIAM M. STEWART, Plaintiff/Appellee. UNOPPOSED MOTION FOR EXTENSION OF DEADLINE TO FILE APPELLEE’S BRIEF DEATS, DURST & OWEN, P.L.L.C. 1204 San Antonio Street, Suite 203 Austin, Texas 78701 (512) 474-6200 (512) 474-7896 (FAX) B. Craig Deats State Bar No. 05703700 cdeats@ddollaw.com Matt Bachop State Bar No. 24055127 mbachop@ddollaw.com COUNSEL FOR APPELLEE TO THE HONORABLE COURT OF APPEALS: COMES NOW Appellee William M. Stewart, by and through his appellate attorneys, and pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), files this motion for an extension of time to file Appellee’s appellate brief, and would respectfully show the Court as follows: I. The deadline for filing Appellee’s appellate brief in this Court is November 30, 2015. II. Appellee seeks an order extending the time for filing Appellee’s appellate brief for 15 calendar days, so that Appellee’s appellate brief would be due for filing in this Court on Tuesday, December 15, 2015. III. Appellee requests this extension of time to file his appellate brief because due to the current press of legal and business matters in which Appellee’s legal counsel is involved, along with the Thanksgiving holiday, Appellee’s legal counsel reasonably needs such an extension so that Appellee’s legal counsel may have sufficient time to prepare a meaningful argument that will be of maximum benefit to the Court. This request is not for the purposes of delay. 2 IV. No previous extensions of the time for filing Appellee’s appellate brief have been sought. Prayer for Relief WHEREFORE, PREMISES CONSIDERED, Appellee William M. Stewart respectfully requests that the Court issue an order extending the time for filing Appellee’s appellate brief in the above case for 15 calendar days, making Appellee’s appellate brief due on Tuesday, December 15, 2015. Respectfully submitted, DEATS DURST & OWEN, P.L.L.C. 1204 San Antonio Street, Suite 203 Austin, Texas 78701 (512) 474-6200 (512) 474-7896 (Fax) /s/ Matt Bachop B. Craig Deats State Bar No. 05703700 cdeats@ddollaw.com Matt Bachop State Bar No. 24055127 mbachop@ddollaw.com COUNSEL FOR APPELLEE WILLIAM M .STEWART 3 CERTIFICATE OF CONFERENCE I hereby certify that I, Matt Bachop, counsel for Appellee, communicated with all other parties about the merits of Appellee’s motion to extend time to file Appellee’s appellate brief. Specifically, on November 19, 2015, I communicated by phone with Chris Edwards, counsel for Appellants, about the merits of Appellee’s motion to extend time to file Appellee’s appellate brief, and counsel for Appellants stated that the motion is unopposed. /s/ Matt Bachop CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been sent to counsel for Appellants, Chris Edwards, Assistant City Attorney, CITY OF AUSTIN-LAW DEPARTMENT, P. O. Box 1546, Austin, Texas 78767-1546, Fax: (512) 974-1311, chris.edwards@austintexas.gov, on this 19th day of November, 2015, by electronic service. /s/ Matt Bachop 4