Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 01/30/2015 8:36:33 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00620-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 1/30/2015 8:36:33 AM KEITH HOTTLE CLERK
No. 04-14-00620-CV I N THE C OURT OF A PPEALS FOR THE F OURTH D ISTRICT OF T EXAS AT S AN A NTONIO
ROSA OBREGON PEREZ, ET AL .
Appellants, v.
THE GOODYEAR TIRE & RUBBER COMPANY, Appellee On Appeal from Cause No. 26130, In the 83 rd Judicial District Court of
Val Verde County, Texas, Honorable Robert E. Cadena, Presiding U NOPPOSED F IRST M OTION FOR E XTENSION OF T IME TO F ILE A PPELLANTS ’ R EPLY B RIEF TO THE HONORABLE COURT OF APPEALS:
Appellants ROSA OBREGON PEREZ, RICARDO O. PEREZ, Individually and as Next Friend of ROSA ELIA PEREZ, MARIA
PEREZ JALOMUS, JUAN JOSE PEREZ, JULIO PEREZ, JR., and
FERNANDO PEREZ, respectfully request that the time to file their
reply brief be extended until 20 days after either Appellee files its
amended brief or February 23, 2015, whichever is earlier. This is their
first request for an extension of time to file their reply brief. The
requested extension is unopposed.
I. This appeal arises from the July 31, 2014 Final Judgment rendered by the trial court. The notice of appeal was filed by mail on
August 26, 2014, and received by the trial court on September 2, 2014.
The Clerk’s Record was filed on October 15, 2014. Appellants’ brief was
filed on December 14, 2014. Appellee filed its brief on January 21,
2015. Appellants’ reply brief is currently due to be filed on or before
February 10, 2015. However, that date could change depending upon
whether Appellee files an amended brief.
Due to the sealed record that is part of the appellate record in this appeal, Appellee also requested that its attorneys be permitted to
review the sealed record and, if necessary, file an amended brief. On
January 23, 2015, this Court granted the motion, permitting access to
the sealed record and until February 23, 2015 to file an amended brief,
if they choose to do so. Appellants respectfully request that the
deadline for filing their reply brief be extended until 20 days after
either Appellee files an amended brief or February 23, 2015, whichever
is earlier.
II. This extension is not sought for purposes of delay, but to limit the amount of unnecessary briefing that is filed with this Court. Under the
current deadlines, Appellants would be required to file a reply brief
responding to the arguments raised in Appellee’s brief by February 10,
2015. However, due to the Court’s order, those arguments could change
should Appellee file an amended brief, thus necessitating a second reply
brief by Appellants. In order to ensure that Appellee has presented all
of its arguments before Appellants reply, Appellants respectfully
request that the deadline for filing their reply brief be extended until 20
days after either an amended brief has been filed or the time for filing
one has passed, whichever is earlier.
III. CERTIFICATE OF CONFERENCE The undersigned conferred with counsel for Appellee, and Appellee does not oppose the requested extension.
WHEREFORE, PREMISES CONSIDERED, Appellants ROSA OBREGON PEREZ, RICARDO O. PEREZ, Individually and as Next
Friend of ROSA ELIA PEREZ, MARIA PEREZ JALOMUS, JUAN
JOSE PEREZ, JULIO PEREZ, JR., and FERNANDO PEREZ,
respectfully request that the Court grant their motion for extension of
time in which to file their reply brief and extend the deadline until 20
days after either Appellee files an amended brief or February 23, 2015,
whichever is earlier, and grant such other and further relief to which
they are justly and equitably entitled.
Respectfully submitted, _/s/ William G. Neumann__________ William G. Neumann, Jr.
SB 14931000
HAGOOD & NEUMANN 1520 E. Highway 6 Alvin, Texas 77511 Telephone: 281.331.5757 Fax: 281.331.1105 Counsel for Appellants *5 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this document will be sent to the following parties of record:
J. Michael Myers
NATHAN HOWELL SMITH & LEE, PLLC
10001 Reunion Place, Suite 600
San Antonio, Texas 78216
Attorneys for Appellee
The Goodyear Tire & Rubber Company
_/s/ William G. Neumann__________ William G. Neumann, Jr.