Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/16/2015 10:58:06 AM JEFFREY D. KYLE Clerk No. 03-14-00693-CV THIRD COURT OF APPEALS 1/16/2015 10:58:06 AM JEFFREY D. KYLE 03-14-00693-CV AUSTIN, TEXAS *1 ACCEPTED [3795023] CLERK In the Third Court of Appeals Austin, Texas CITY OF NEW BRAUNFELS, TEXAS, JAN KOTYLO, in her official
capacity, PAT CLIFTON, in his official capacity, and FRITZ WELSCH, in
his official capacity Appellants, v.
JOSEPH TOVAR, Appellee.
A PPEAL FROM C AUSE N O . C2014-0928A 22 ND J UDICIAL D ISTRICT C OURT OF C OMAL C OUNTY , T EXAS H ONORABLE D IBRELL W. W ALDRIP APPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF
TIME TO FILE APPELLANTS’ REPLY BRIEF IN RESPONSE TO APPELLEE’S BRIEF Bettye Lynn Valeria M. Acevedo
State Bar No. 11540500
Lynn, Ross & Gannaway, LLP City of New Braunfels, Texas
306 West Broadway Avenue 424 South Castell Avenue
Fort Worth, Texas 76104 New Braunfels, Texas 78130
817.332.8505 (Telephone) 830.221.4281 (Telephone)
817.332.8548 (Facsimile) 830.626.5578 (Facsimile)
lynn@laborcounsel.net vacevedo@nbtexas.org
ATTORNEYS FOR APPELLANTS
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellants, The City of New Braunfels, Texas, Jan Kotylo, in her official
capacity, Pat Clifton, in his official capacity and Fritz Welsch, in his official capacity
(hereinafter referred to as “Appellants”), pursuant to Rule 51 of the Texas Rules of
Appellate Procedure, file this, their Unopposed First Motion for Extension of Time
to File Appellants’ Reply Brief in Response to Appellee’s Brief, and show as
follows:
1. Appellants’ Reply Brief in response to Appellee’s brief is due to be
filed on or before Monday, Janauary 26, 2015. Appellants request an extension of
time until Wednesday, February 4, 2015 to file their brief, an extension of nine (9)
days.
2. Bettye Lynn, counsel for Appellants, has conferred with counsel for
Appellee, Mr. Chad Hyde, who has agreed to an extension of time to Wednesday,
February 4, 2015. The 22 nd Judicial District Court of Comal County, Texas signed an
3.
order on October 23, 2014 in the matter styled Joseph Tovar v. City of New
Braunfels, et al, Cause No. C2014-0928A , denying all of Appellants’ defenses to the
lawsuit filed by Appellee, and granting Appellee declaratory mandamus and
injunctive relief.
4. Appellants filed a Notice of Appeal on November 3, 2014.
5. Appellants filed their Brief on the Merits on December 10, 2014.
6. Appellee filed his Response Brief on January 6, 2015.
7. Ms. Lynn needs this additional time to file Appellants’ Reply Brief as
she is scheduled to be lead counsel in two separate arbitration trials within the next
two weeks. In order to adequately represent all of her clients for each of the hearings,
scheduled prior to the establishment of the deadline herein, and to adequately
prepare this Reply Brief, Ms. Lynn requests a nine (9) day extension of time of the
deadline in which to file Appellants’ Reply Brief.
For the foregoing reasons, Appellants, CITY OF NEW BRAUNFELS,
TEXAS, JAN KOTYLO, in her official capacity, PAT CLIFTON, in his official
capacity, and FRITZ WELSCH, in his official capacity, request that this Honorable
Court grant Appellants this unopposed extension of time until Wednesday, February
4, 2015, to file their Reply Brief, an extension of 9 days from the original due date.
Respectfully submitted, /s/ Bettye Lynn Bettye Lynn State Bar No. 11540500 L YNN , R OSS & G ANNAWAY , LLP 306 West Broadway Avenue Fort Worth, Texas 76104 Telephone: (817) 332-8505 Facsimile: (817) 332-8548 Lynn@laborcounsel.net Valeria M. Acevedo C ITY OF N EW B RAUNFELS 424 South Castell Avenue New Braunfels, Texas 78130 Telephone: (830) 221-4281 Facsimile: (830) 626-5578 VAcevedo@nbtexas.org *5 CERTIFICATE OF CONFERENCE Counsel for Appellants, Bettye Lynn, has discussed this requested extension
of time with counsel for Appellee, Mr. Chad Hyde. Counsel for Appellee has
responded that Appellee is unopposed to this requested extension of time until
February 4, 2015.
/s/ Bettye Lynn Bettye Lynn CERTIFICATE OF SERVICE As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I
certify that I have served this document on all other parties, which are listed below
on this the 16 th day of January, 2015, as follows:
By Electronic Service
Chad R. Hyde Randal C. Doubrava
State Bar No. 24046130
Texas Municipal Police Association Texas Municipal Police Association
6200 La Calma Drive, Suite 200 6200 La Calma Drive, Suite 200
Austin, Texas 78752 Austin, Texas 78752
512.454.8900 (Telephone) 512.454.8900 (Telephone)
512.454.8860 (Facsimile) 512.454.8860 (Facsimile)
chad.hyde@tmpa.org randy.doubrava@tmpa.org
/s/ Bettye Lynn Bettye Lynn