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 8425003 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/31/2015 2:08:01 PM JEFFREY D. KYLE CLERK No. 03-15-00591-CV FILED IN 3rd COURT OF APPEALS In the Third Court of Appeals AUSTIN, TEXAS Austin, Texas 12/31/2015 2:08:01 PM JEFFREY D. KYLE Clerk 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 Appeal from Cause No. D-1-GN-13-003351 98th Judicial District Court of Travis County, Texas UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF RESPECTFULLY SUBMITTED, ANNE L. MORGAN, CITY ATTORNEY MEGHAN L. RILEY, CHIEF, LITIGATION CHRIS EDWARDS Assistant City Attorney State Bar No. 00789276 City of Austin-Law Department P. O. Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-2419 Facsimile: (512) 974-1311 COUNSEL FOR DEFENDANT - APPELLANT TO THE HONORABLE JUSTICES OF THIS COURT: Appellant the City of Austin asks the Court to extend the time to file Appellant’s Reply Brief pursuant to Rule 10.5(b), Texas Rules of Appellate Procedure, and in support respectfully shows: 1. This motion is filed within the 15-day time period to file a motion to extend the time to file Appellant’s Reply Brief, as required by Texas Rule of Appellate Procedure 6.6. 2. All parties have agreed to this motion. 3. Appellant’s Reply Brief presently is due on January 4, 2016, occasioned by one agreed extension of time to file Appellees’ Brief which was granted. 4. This extension is necessary for Appellants due to the extension granted Appellees which changed the briefing schedule to conflict with other deadlines and the holidays. 5. Appellant would show that its counsel’s case load and work requirements have been extremely heavy, along with the holidays, Appellant’s counsel reasonably needs such an extension so that Appellant’s counsel may have sufficient time to prepare a meaningful reply. 6. This is the first extension requested. Appellant’s counsel requires additional time to prepare Appellant’s Reply Brief herein and therefore requests 2 the same extension granted Appellees, a fifteen (15) day extension to file Appellant’s Reply Brief on January 19, 2016. PRAYER FOR RELIEF For the reasons set forth above, Appellant requests that this Court grant this Unopposed Motion to Extend Time to file Appellant’s Reply Brief until January 19, 2016 and grant Appellant all such other relief to which it may be entitled. RESPECTFULLY SUBMITTED, ANNE L. MORGAN, CITY ATTORNEY MEGHAN L. RILEY, CHIEF, LITIGATION /s/ Chris Edwards CHRIS EDWARDS Assistant City Attorney State Bar No. 00789276 Chris.edwards@austintexas.gov City of Austin-Law Department P. O. Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-2419 Facsimile: (512) 974-1311 COUNSEL FOR DEFENDANT - APPELLANT CERTIFICATE OF CONFERENCE This is to certify that I conferred with opposing counsel Matt Bachop on December 31, 2015, who agreed to the extension. /s/ Chris Edwards CHRIS EDWARDS 3 CERTIFICATE OF SERVICE This is to certify that I served a copy of the foregoing on all parties, or their attorneys of record, in compliance with the Rules of Appellate Procedure, this 31st day of December, 2015. B. Craig Deats State Bar No.05703700 cdeats@ddollaw.com Matt Bachop State Bar No.24055127 mbachop@ddollaw.com DEATS, DURST & OWEN, P.L.L.C. 1204 San Antonio Street, Suite 203 Austin, TX 78701 Telephone: (512) 474-6200 Facsimile: (512) 474-7896 COUNSEL FOR PLAINTIFF - APPELLEE /s/ Chris Edwards CHRIS EDWARDS Counsel for Defendant – Appellant 4