Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 3/2/2015 5:21:09 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00906-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/2/2015 5:21:09 PM KEITH HOTTLE CLERK

No. 04-14-00906-CV IN THE FOURTH COURT OF APPEALS at SAN ANTONIO, TEXAS __________________________________________________________________

DAVID MAUK Appellant

v.

Appellees PIPE CREEK WATER WELL, LLC and ROBERT RAE POWELL __________________________________________________________________

Cause No. 2013-CI-00386; Appeal from the 408 th Judicial District Court, Bexar County, Texas __________________________________________________________________

APPELLANT, DAVID MAUK’S UNOPPOSED MOTION TO EXTEND DEADLINE TO RESPOND TO APPELLEES’ REPLY BRIEF

__________________________________________________________________

TO THE HONORABLE FOURTH COURT OF APPEALS:

NOW COMES, Appellant, DAVID MAUK, and files his Unopposed Motion to Extend Deadline to Respond to Appellees’ Reply Brief and in support thereof

would respectfully show the following:

1. Appellees’ filed their Reply Brief on February 19, 2015.

2. Appellant’s deadline to reply to Plaintiffs’ Response is twenty-one (21) days

after the Reply Brief is filed, being Thursday, March 12, 2015.

3. Appellant respectfully requests an extension of time to reply due to the fact

that Appellant’s counsel the lead attorney in this matter, is on vacation from March

9, 2015 through March 13, 2015.

4. Further Appellant’s counsel has a deadline of March 16, 2015 to file a 12b(6)

Motion in response to Plaintiff’s Fist Amended Petition in a federal case styled Civil

No. SA-14-CA-941-OLG, David Neill Jones v. Kerr County, Texas, Kerr County

Sheriff’s Department, Officer Stephen Wherry, Officers John Doe, Kerrville Police

Department, City of Kerrville; in the United States District Court for the Western

District of Texas, San Antonio, Division. Also, Appellant’s counsel has other

matters to conclude before his vacation, which will preclude diligence in researching

and briefing the issues presented herein.

5. Appellant, David Mauk, respectfully requests that the Court grant a seven (7)

day extension for the reasons stated herein extending our deadline to March 19,

2015. This Motion is not sought for delay but in the interest that proper attention

can be given to adequately review Appellees’ Reply Brief and the exhibits tendered

with said Reply and to prepare a Response to Appellees’ Reply Brief.

6. Appellant conferred with Appellees’ counsel, Megan H. Kucera, on March 2,

2015 and counsel is unopposed to this motion as it is not sought for the purpose of

delay, but so that justice may be done.

WHEREFORE, PREMISES CONSIDERED, Appellant, David Mauk, hereby

prays that the Court allow additional time and extend the deadline to reply to

Appellees’ Response to Appellant’s Reply Brief.

M C K AMIE K RUEGER , LLP 941 Proton Road San Antonio, Texas 78258 210.546.2122 210.546.2130 By: /s/ Adolfo Ruiz Adolfo Ruiz State Bar No. 17385600 adolfo@mckamiekrueger.com Barbara L. Quirk State Bar No. 16436750 barbara@mckamiekrueger.com ATTORNEYS FOR APPELLANT, DAVID MAUK CERTIFICATE OF SERVICE I certify that a copy of Appellant’s Unopposed Motion to Extend Appellant’s Deadline to Respond to Appellees’ Reply Brief was served on Appellees through

counsel of record in accordance with the Texas Rules of Appellate Procedure as

indicated below on the March 2, 2015, addressed to:

Keith P. Miller via E-Serve

Megan Kucera

Law Offices of Keith P. Miller, P.C.

14350 Northbrook, Ste. 150

San Antonio, Texas 78232

/s/: Adolfo Ruiz A DOLFO R UIZ