Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/18/2015 11:30:48 AM JEFFREY D. KYLE Clerk No. 03-15-00022-CV THIRD COURT OF APPEALS 2/18/2015 11:30:48 AM JEFFREY D. KYLE 03-15-00022-CV AUSTIN, TEXAS *1 ACCEPTED [4191421] CLERK IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN, TEXAS BEACON HILL STAFFING GROUP LLC, Appellant , v.
KFORCE INC, Appellee On appeal from Cause No. D-1-GN-14-004781 In the 98th District Court of Travis County, Texas Honorable Gisela Triana, Judge Presiding FIRST UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE APPELLANT’S BRIEF TO THE HONORABLE SEVENTH COURT OF APPEALS:
Comes now, the Appellant Beacon Hill Staffing Group LLC (“Appellant”),
and pursuant to Texas Rules of Appellate Procedure 10.5 and 38.6, files this Motion
to extend time to file its Brief. In support of this Motion and in support thereof
shows the Court the following:
1. This is an accelerated appeal from a temporary injunction. The current
deadline for Appellant to file its Brief is February 24, 2015. The Court may extend
this filing deadline pursuant to T EX . R. A PP . P. 38.6(d).
2. Appellee seeks a 24-day extension to file its Brief, to March 20, 2015.
3. Currently pending in the trial court are two motions to modify the
temporary injunction (one agreed and one not), which address many if not all of the
issues to be addressed in this appeal. The parties are awaiting a ruling from the trial
court on these motions. If the motions are granted, the appeal (or large portions of it)
would become moot.
4. Furthermore, the two parties to this appeal are in ongoing litigation in a
case pending in the United States District Court for the Eastern District of Missouri
Eastern Division styled Kforce Inc. v. Beacon Hill Staffing Group, LLC and Gary
Hahn , Cause No. 4:14-cv-01880-CDP. The parties are in ongoing discussions
regarding resolution of the claims in both the Texas and the Missouri case.
Mediation is scheduled in the Missouri case for March 3, 2015. It is possible that this
appeal will be affected by the mediation in the Missouri case.
5. The requested extension of time will all the parties time to discuss
possible resolution of this case and will permit Appellant to better brief the Court on
the matters involved in this appeal, and the same is not being requested for the
purposes of delay, but for good cause.
6. Appellant has not previously requested any extensions of time to file its
Brief.
7. Counsel for Appellant, Martin A. Rodriguez has stated that he does not
oppose this Motion.
Prayer For the reasons stated, Appellant requests that the Court extend the deadline to
file its Brief for 24 days from February 24, 2015, to March 20, 2015.
Respectfully submitted, Rick L. Lambert State Bar No. 11844725 Jennie C. Knapp State Bar No. 24069350 Jennie.Knapp@uwlaw.com UNDERWOOD LAW FIRM, P.C. P. O. Box 9158 Amarillo, Texas 79105-9158 P: (806) 376-5613 F: (806) 379-0316 By: /s/ Jennie C. Knapp Jennie C. Knapp ATTORNEYS FOR APPELLANT *4 CERTIFICATE OF CONFERENCE As evidenced by my signature below, I received confirmation from counsel
for Appelle, Martin A. Rodriguez, on February 18, 2015, that he does not oppose
the relief requested in this Motion.
/s/ Jennie C. Knapp Jennie C. Knapp CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of First Unopposed Motion to
Extend Deadline to File Appellant’s Brief has been sent to the following counsel of
record in accordance with Rule 9.5(e) of the Texas Rules of Appellate Procedure
by email and fax on this 18th day of February, 2015:
Counsel for Appellees:
Bruce A. Griggs
Bruce.griggs@ogletreedeakins.com
Martin A. Rodriguez
Martin.rodriguez@ogletreedeakins.com
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
301 Congress Avenue, Suite 1150
Austin, Texas 78701
/s/ Jennie C. Knapp Jennie C. Knapp