Case Information

*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 2/20/2015 9:40:33 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-14-00818-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 2/20/2015 9:40:33 AM CHRISTOPHER PRINE CLERK No. 14-14-00818-CV _______________________________________________

In the Court of Appeals for the

Fourteenth District of Texas at Houston

_______________________________________________

C ITY OF H OUSTON , Appellant V .

K ELLEY S TREET A SSOCIATES , LLC,

Appellee _______________________________________________

On Appeal from the 295th Judicial District Court

Harris County, Texas Trial Court Case No. 2013-36796

______________________________________________________________

Appellant’s Unopposed First Motion for Extension of

Time to File Reply Brief

______________________________________________________________

To the Honorable Fourteenth Court of Appeals:

The City of Houston moves for an extension of time to file its reply brief

and would respectfully show as follows:

1. The brief is due on February 23, 2014.

2. The City of Houston requests a 15-day extension of time for filing its

reply brief; no previous extension has been requested. If granted, the new

due date will be March 10, 2015.

3. The undersigned has a busy appellate practice, including related trial

court motions and hearings, with the City. Among other briefs the

undersigned has been, and continues to be, working on during this

briefing period are:

a. Preparing and presenting oral argument for Appellant Ryan Gardiner

and Cross-Appellee City of Houston in Echols v. Gardiner , No. 13-

20756 in the United States Court of Appeals for the Fifth Circuit, on

February 5, 2015;

b. City of Houston’s Appellee’s Brief in Staten v. City of Houston , No. 14-

20564 in the United States Court of Appeals for the Fifth Circuit, filed

February 18, 2015;

c. City of Houston’s Reply in Support of Petition for Review in City of

Houston, et al. v. Little Nell Apartments, LP, et al. , No. 14-0473 in the

Supreme Court of Texas, due February 23, 2015;

d. Amicus Brief in support of City of Dallas in City of Dallas v. Albert ,

No. 13-0940 in the Supreme Court of Texas, anticipated to be filed on

or around February 26, 2015.

4. This motion is not filed for purposes of delay but so that justice may be

done.

5. Appellee does not oppose this motion.

For these reasons, Appellant City of Houston respectfully asks that the

Court grant it a 15-day extension of time to file its reply brief, so that the new

due date will be March 10, 2015, and grant any other relief to which it is

entitled.

Respectfully submitted, D ONNA L. E DMUNDSON City Attorney J UDITH L. R AMSEY Chief, General Litigation Section By: /s/ Robert W. Higgason Robert W. Higgason Senior Assistant City Attorney State Bar No. 09590800 City of Houston Legal Department 900 Bagby, 3rd Floor Houston, Texas 77002 Telephone: 832.393.6481 Facsimile: 832.393.6259 robert.higgason@houstontx.gov Attorneys for Appellant City of Houston *4 Certificate of Conference

I hereby certify that I have conferred with Appellee’s counsel and that

Appellee is unopposed to this motion.

/s/ Robert W. Higgason Robert W. Higgason Certificate of Service I hereby certify that on this 20th day of February, 2015, a true and

correct copy of the foregoing has been served on counsel below via e-service.

H. Miles Cohn

C RAIN , C ATON & J AMES , P.C.

Five Houston Center

1401 McKinney, 17th Floor

Houston, TX 77010-4035

mcohn@craincaton.com

Attorney for Plaintiff

/s/ Robert W. Higgason Robert W. Higgason