Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/22/2015 3:51:15 PM JEFFREY D. KYLE Clerk No. 03-15-00368-CV THIRD COURT OF APPEALS 9/22/2015 3:51:15 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00368-CV *1 ACCEPTED [7042155] CLERK I N T HE
T HIRD C OURT OF A PPEALS A USTIN , T EXAS
_____________________________________ AURA RESSLEY , Appellant, v.
G REGORIO “G REG ” C ASAR , Appellee.
_____________________________________ No. 03-15-00505-CV I N T HE
T HIRD C OURT OF A PPEALS A USTIN , T EXAS
_____________________________________ D AVID R OGERS ,
Appellant, v.
G REGORIO “G REG ” C ASAR , Appellee.
_____________________________________ A PPELLEE ’ S U NOPPOSED M OTION TO ONSOLIDATE AND R ESET B RIEFING D EADLINES _____________________________________ T O THE H ONORABLE T HIRD OURT OF A PPEALS :
Appellee Gregorio “Greg” Casar files this Unopposed Motion to Consolidate and Reset the Briefing Deadlines in this consolidated appeal. Appellee requests the
Court to make Appellee’s deadline for filing its brief in No. 03-15-00368-CV run from
the filing of Appellant Roger’s filing of his brief in No. 03-15-00505-CV. Both
Appellants are appealing from the same judgment, from the same trial court case,
using the same record, and raising many of the exact same issues. This motion seeks
to allow orderly briefing in this case, and prevent unnecessary waste of resources.
Both of these appeals arise from the same underlying case, Pressley v. Casar , No. D-1-GN-15-000374, in the 201st District Court, Travis County, Texas. Appellant
Laura Pressley filed her notice of appeal first, and Appellant David Rogers later filed
his own notice of appeal. The Clerk originally docketed these cases as separate
appeals (No. 03-15-00368-CV and No. 03-15-00505-CV), but the Court subsequently
consolidated the appeals.
Because the case was originally docketed as separate appeals, the deadlines for briefing in No. 03-15-00368-CV began to run before the briefing deadlines in No. 03-
15-00505-CV. As a result, on September 16, 2015, Appellant Laura Pressley filed her
Appellant’s Brief in No. 03-15-00368-CV, and Appellee’s Brief is currently due on
October 6, 2015. However, in No. 03-15-00505-CV, Appellant David Rogers’ brief is
due on October 7, 2015, one day after Appellee’s current brief deadline in No. 03-15-
00368-CV.
As noted above, these appeals arise from the same underlying judgment and many of the factual and legal issues are identical. Appellee anticipates that the
necessary briefing will be identical, and hopes to address them, if possible, in one
consolidated brief. Under the current briefing schedule, Appellee would be required
to file his initial brief before one of the appellants, and would be forced to brief the
case twice. Forcing Appellee to file redundant briefs will waste time and resources
and confuse the briefing in this consolidated appeal.
For these reasons, Appellee files this unopposed motion and asks the Court to consolidate and reset the briefing deadlines in these consolidated appeals, making
Appellee’s deadline for filing his brief in No. 03-15-00368-CV run from the filing of
Appellant Roger’s filing of his brief in No. 03-15-00505-CV.
This motion is not made for the purpose of delay, and neither the Court nor the Parties will be prejudiced by the granting of the relief requested. Instead, the
granting of this motion will prevent unnecessary waste of the Court and the Parties’
resources, and allow for a better presentation of the merits of the issues involved.
The undersigned counsel conferred with Appellant’s Counsel in No. 03-15-00368-CV,
and was informed that he did not oppose the granting of this motion. RAYER
Accordingly, Appellee requests the Court to consolidate and reset the briefing schedule, making Appellee’s deadline for filing its brief in No. 03-15-00368-CV run
from the filing of Appellant Roger’s filing of his brief in No. 03-15-00505-CV.
Dated: September 22, 2015 Respectfully submitted,
By:
Charles Herring, Jr. /s/ Kurt Kuhn
State Bar No. 09534100 Kurt Kuhn
chuck@herringpanzer.com State Bar No. 24002433
Lauren Ross kurt@kuhnhobbs.com
State Bar No. 24092001 Lisa Bowlin Hobbs
laurenbross@herring-irwin.com State Bar No. 24026905
H ERRING & ANZER , L.L.P. lisa@kuhnhobbs.com
1411 West Avenue, Suite 100 K UHN H OBBS PLLC
Austin, Texas 78701 3307 Northland Drive, Suite 310
(512) 320-0665 Austin, Texas 78731-4946
(512) 519-7580 (fax) (512) 476-6005
(512) 476-6002 (fax) Jessica Palvino State Bar No. 24048780 jpalvino@mcginnislaw.com M G INNIS , OCHRIDGE & K ILGORE , LLP 600 Congress Avenue, Suite 2100 Austin, Texas 78701 (512) 495-6079 (512) 505-6379 (fax) OUNSEL FOR A PPELLEE ERTIFICATE OF C ONFERENCE I hereby certify, pursuant to Texas Rule of Appellate Procedure 10.1(a)(5), that I conferred with Mark Cohen, counsel for Appellant Laura Pressley, whom indicated
that he does not oppose the relief sought in this motion.
/s/ Kurt Kuhn Kurt Kuhn ERTIFICATE OF S ERVICE I hereby certify that I served a copy of this notice on counsel of record either electronically, in accordance with the rules on electronic filing on September 22, 2015,
as listed below:
/s/ Kurt Kuhn Kurt Kuhn
Mark Cohen
805 West 10 th Street, Suite 100
Austin, Texas 78701
mark@cohenlegalservices.com
David Rogers AW O FFICE OF D AVID R OGERS
1201 Spyglass Drive, Suite 100
Austin, Texas 78746
firm@darogerslaw.com