Captain Edwin Scott Hilburn v. the City of Houston, Texas And Ken Paxton, Attorney General of Texas ( 2015 )

ACCEPTED 07-15-00158-CV SEVENTH COURT OF APPEALS AMARILLO, TEXAS 8/18/2015 12:36:29 PM Vivian Long, Clerk No. 07-15-00158-CV _______________________________________________ FILED IN 7th COURT OF APPEALS In the Court of Appeals for the AMARILLO, TEXAS Seventh District of Texas at Amarillo 8/18/2015 12:36:29 PM _______________________________________________ VIVIAN LONG CLERK CAPTAIN EDWIN SCOTT HILLBURN, Appellant, V. THE CITY OF HOUSTON, TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF TEXAS, Appellees. _______________________________________________ On Appeal from the 261st Judicial District Court Travis County, Texas Trial Court Case No. D-1-GV-13-001364 ______________________________________________________________ Unopposed First Motion for Extension of Time to File Brief of Appellee the City of Houston, Texas ______________________________________________________________ To the Honorable Seventh Court of Appeals: Appellee, the City of Houston, Texas, respectfully moves for a 30-day extension of time to file its Brief of Appellee, and would respectfully show as follows: 1. The brief is due to be filed August 19, 2015. 2. Appellee respectfully requests a 30-day extension of time for filing its brief until September 18, 2015. 3. The undersigned has recently assumed the role of lead counsel in the appeal and, as such, has had insufficient time to familiarize himself with the facts of the appeal or the appellate record. 4. The undersigned has a busy appellate practice, including related trial court motions and hearings, with the City. Among other briefs and assignments the undersigned has been, and continues to be, working on during this briefing period are: a. Preparing and presenting Oral Argument in Zamora v. City of Houston, No. 14-20125 in the United States Court of Appeals for the Fifth Circuit, presented on August 6, 2015; b. Preparing and presenting Oral Argument (newly assigned) in BCCA Appeal Grp., Inc. v. City of Houston, Texas, No. 13-0768 in the Supreme Court of Texas, to be presented September 2, 2015; and c. Respondent’s Brief on the Merits in Downstream Envtl., L.L.C. v. the City of Houston, No. 15-0012 in the Supreme Court of Texas, due September 15, 2015 (alternatively, status report or motion to dismiss). 5. Appellant is not opposed to this motion. 6. No previous extensions have been granted for this brief. 7. This motion is not for delay only but so that justice may be done. For these reasons, Appellee, the City of Houston, Texas, asks that this Court grant it a 30-day extension of time to file its brief of Appellee, and grant any other relief to which it is entitled. 2 Respectfully submitted, DONNA L. EDMUNDSON City Attorney DONALD J. FLEMING Chief, Labor, Employment, and Civil Rights Section By: /s/ Robert W. Higgason Robert W. Higgason Senior Assistant City Attorney State Bar No. 09590800 CITY OF HOUSTON LEGAL DEPARTMENT 900 Bagby, 4th Floor Houston, Texas 77002 Telephone: 832.393.6481 Facsimile: 832.393.6259 robert.higgason@houstontx.gov Attorneys for Appellee the City of Houston, Texas Certificate of Conference I hereby certify I have conferred with Appellant’s counsel and Appellant does not oppose this motion. /s/ Robert W. Higgason Robert W. Higgason 3 Certificate of Service I hereby certify that on this 18th day of August, 2015, a true and correct copy of the foregoing has been served on counsel below via e-service. Barbara A. Hilburn HARRIS HILBURN, L.P. 1111 Rosalie Street Houston, Texas 77004 bhilburn@hhstxlaw.com Attorney for Appellant /s/ Robert W. Higgason Robert W. Higgason 4