Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 6/24/2015 10:07:03 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00562-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 6/24/2015 10:07:03 AM KEITH HOTTLE CLERK

NO. 04-14-00562-CV

IN THE TEXAS COURT OF APPEALS FOR THE FOURTH DISTRICT

SAN ANTONIO, TEXAS

* * * * *

JESUS DE LOS SANTOS, JR., Individually and as Representative of the

ESTATE OF JESUS FRANCISCO DE LOS SANTOS, and JUAN DE LOS

SANTOS, Appellants; and MARCO ANTHONY SOLIS, JR., Cross-Appellant,

FORD MOTOR COMPANY,

Appellee

* * * * *

On Appeal from the 79 th Judicial District Court

Jim Wells County, Texas

Trial Court Cause No. 11-08-50394-CV

* * * * *

OPPOSED MOTION FOR EXTENSION OF TIME

TO FILE MOTIONS FOR REHEARING

* * * * *

THE HONORABLE JUSTICES OF THE COURT:

Jesus De Los Santos, Jr. Individually and as Representative of the Estate of

Jesus Francisco De Los Santos and Juan De Los Santos, Appellants, respectfully

presents this opposed motion requesting that the time for filing Appellant’s motions for

rehearing be extended twenty (20) days from July 2, 2015 to July 22, 2015. In support of

this motion, Appellants would show the Court as follows: This motion is being filed prior to the time Appellants’ Motion for

Rehearing is due. TRAP 49.8.

2 . This appeal involves review of a trial court’s final judgment rendered on

May 15, 2014.

3. Appellants’ motions for rehearing are due on or before July 2, 2015.

4. Appellant request the Court order Appellants’ Reply Brief to be due twenty

(20) days from date the brief is currently due, or on or before July 22, 2015, because of

significant scheduling conflicts for their appellate counsel as detailed below.

5. Appellate Counsel for Appellant, Brendan K. McBride, has several

scheduling conflicts that coincide with the current filing deadline of July 2, 2015. Mr.

McBride is preparing for trial of a products liability/wrongful death case in the United

States District Court for the District of Nevada in a cause styled Lindner v. Evenflo

Company, Inc. , Cause No. 2:20-CV-00051-LDG(VCF). Mr. McBride is responsible for

preparing trial briefing, motions and jury instructions to be presented at the final pretrial

conference in the Lindner case, which is set for July 7, 2012 in Las Vegas Nevada. In

addition, Mr. McBride is the lead appellate counsel for Appellant in case styled Brewer,

et. al. v. Lowe’s Home Centers, Inc. , Cause No. 12-14-00155-CV, pending before the

Twelfth District Court of Appeals in Tyler, Texas. Appellants’ reply brief is due to be

filed in the Brewer matter on or before July 9, 2015. Finally, Mr. McBride has a

previously planned personal vacation out of state scheduled for July 2-6, 2015.

6. In order for their counsel to give the necessary attention to the issues and

the preparation of the motions for rehearing in this matter, Appellants request a twenty

(20) day extension of time to accommodate these scheduling conflicts. This is the first extension Appellant has requested regarding Appellants’

motions for rehearing. *3 This extension is not requested for any purpose of delay, but so that justice

may be done.

9. Certificate of Conference: Counsel for Appellants conferred with Allyson

Ho, lead appellate counsel for Appellee Ford Motor Company, regarding the relief

requested in this motion. Ms. Ho represented that Appellees would not agree to the relief

requested in this motion.

Respectfully submitted,

By: ________________________________

Brendan K. McBride

State Bar No. 24008900

Brendan.mcbride@att.net

T HE M C B RIDE L AW F IRM

Of Counsel to G RAVELY & P EARSON , LL P

425 Soledad, Suite 620

San Antonio, Texas 78205

(210) 227-1200 Telephone

(210) 881-6752 Facsimile

And

Jeffrey G. Wigington

State Bar No. 00785246

jwigington@wigrum.com

R. Reagan Sahadi

State Bar No. 24042369

rsahadi@wigrum.com

W IGINGTON R UMLEY D UNN

& B LAIR , LLP

123 N. Carrizo St.

Corpus Christi, Texas 78401

(361) 881-7500

(361) 884-0487 (Facsimile)

COUNSEL FOR APPELLANTS,

JESUS DE LOS SANTOS, JR.

INDIVIDUALLY AND AS

REPRESENTATIVE OF THE

ESTATE OF JESUS FRANCISCO DE

LOS SANTOS AND JUAN DE LOS

SANTOS

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been

forwarded on this 24 th day of January, 2015 to Appellee’s counsel of record, Allyson Ho

and Cross-Appellant Marco Soliz, Jr.’s lead appellate counsel, Lupita Aguilar, via email

and by electronic service through Texas.gov.

____________________________________

Brendan K. McBride