Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 2/13/2015 10:14:13 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00675-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/13/2015 10:14:13 AM KEITH HOTTLE CLERK NO. 04-14-00675-CV IN THE COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT

SAN ANTONIO, TEXAS J OHN M ICHAEL D ONOHUE , Appellant, v.

B ANDERA C OUNTY S HERIFF ’ S D EPARTMENT ; D ANIEL B UTTS , S HERIFF ;

J.J. M ARTINEZ , D EPUTY ; D EPUTY J OHN D OE #1; D EPUTY J OHN D OE #2; AND

D EPUTY J OHN D OE #3, INDIVIDUALLY , JOINTLY , SEVERALLY AND IN THEIR

OFFICIAL CAPACITIES , Appellees. ON APPEAL FROM THE 198 TH DISTRICT COURT,

BANDERA COUNTY, TEXAS HONORABLE M. REX EMERSON, PRESIDING

CAUSE NO. CV-14-0000239 MOTION FOR EXTENSION OF TIME TO FILE APPELLEES' BRIEF *2 TO THE HONORABLE FOURTH COURT OF APPEALS:

Appellees respectfully present this unopposed motion to extend the time in

which to file their Appellees' Brief pursuant to Texas Rule of Appellate Procedure

38.6. In support of this motion, Appellees would show the Court as follows:

1. Appellees’ Brief on the Merits is due on February 19, 2015. Appellees

request an extension of time of thirty (30) days, to March 23, 2015, to file their brief.

2. Appellant initially filed his brief in this matter on December 15, 2014.

On January 20, 2015, Appellant filed an amended brief and, on January 26, 2015,

Appellant filed another amended brief. Based on these filings, the Court, pursuant to

the Rules of Appellate Procedure, determined that the due date for Appellees’ brief

was on February 19, 2015. However, based on the fact that Appellant filed an

amended brief on January 26, 2015, Appellees have not been allowed a full thirty-day

period to prepare their brief.

3. Additionally, Appellees rely on the following facts as a reasonable

explanation for the requested extension of time. Appellees’ counsel, in addition to

preparing a brief on the merits in this case, must also devote time to the following

additional matters:

a. preparation of Court-ordered witness list and production of

relevant documents on January 20, 2015 in Case No. SA-14-CV-

00908-FB(JWP), pending in the United States District Court for

the Western District of Texas, San Antonio Division;

b. preparation for and attendance at January 21, 2015, hearing on

Application for Temporary Injunction in Cause No. 12-0921,

pending before the 428 th Judicial District;

c. preparation and filing of dispositive motion for summary

judgment, including 362 pages of exhibits, on January 22, 2015,

in Cause No. 08-1170-A, pending before the 207 th Judicial

District;

d. preparation of Court-ordered discovery, including document

production, records authenticated by affidavit and medical records

affidavit on January 26, 2015, in Case No. SA-14-CV-00908-

FB(JWP), pending in the United States District Court for the

Western District of Texas, San Antonio Division;

e. preparation for and attendance at February 2, 2015, hearing in

Cause No. 11-1270-CV, pending before the 25 th Judicial District;

f. preparation and filing of response to Motion to Dismiss on

February 3, 2015, in Cause No. 14-08-00154-CVL, pending

before the 218 th Judicial District;

g. preparation and filing of appellate brief on February 5, 2015, in

Case No. 04-14-00651-CV, in the Fourth Court of Appeals of

Texas;

h. preparation of production objections and responses, including

document production due on February 5, 2015, in Case No. SA-

14-CA-00885-FB(JWP), pending in the United States District

Court for the Western District of Texas, San Antonio Division;

i. preparation for and attendance at February 10, 2015, hearing in

Cause No. 12-0921, pending before the 428 th Judicial District;

j. preparation of Court-ordered witness list and production of

relevant documents on February 13, 2015 in Cause No. SA-14-

CA-00885-FB(JWP), pending in the United States District Court

for the Western District of Texas, San Antonio Division;

k. preparation of production objections and responses, including

document production due on February 16, 2015, in Case No. SA-

14-CA-00885-FB(JWP), pending in the United States District

Court for the Western District of Texas, San Antonio Division;

l. preparation of production objections and responses, including

document production due on February 16, 2015, in Case No. SA-

14-CA-00885-FB(JWP), pending in the United States District

Court for the Western District of Texas, San Antonio Division;

m. preparation of interrogatory objections and responses due on

February 16, 2015, in Case No. SA-14-CA-00885-FB(JWP),

pending in the United States District Court for the Western

District of Texas, San Antonio Division;

n. preparation of admission objections and responses due on

February 16, 2015, in Case No. SA-14-CA-00885-FB(JWP),

pending in the United States District Court for the Western

District of Texas, San Antonio Division;

o. preparation and filing of dispositive motion for summary

judgment, on February 16, 2015, in Case No. 6:13-CV-00048-C,

pending in the United States District Court for the Northern

District of Texas, Lubbock Division; and

p. preparation for and attendance at depositions on February 18,

2015 in Case No. 6:13-CV-00048, pending in the United States

District Court for the Northern District of Texas, Lubbock

Division.

3. Based on the fact that Appellant is incarcerated, the undersigned was

unable to confer with Appellant to determine if he was opposed to this request.

THEREFORE, Appellees pray that this Court grant this Motion for Extension

of Time and allow Appellees until March 23, 2015, to file their Brief on the Merits.

Respectfully submitted, M C G INNIS L OCHRIDGE 600 Congress Avenue, Suite 2100 Austin, Texas 78701 512.495.6000 (telephone) 512.505.6364 (telecopier) mshaunessy@mcginnislaw.com ejohnston@mcginnislaw.com By: /s/ Eric A. Johnston M ICHAEL S HAUNESSY State Bar No. 18134550 E RIC J OHNSTON State Bar No. 24070009 Attorneys for Appellees Bandera County Sheriff’s Department; Daniel Butts, Sheriff, J.J. Martinez, Deputy, Deputy John Doe #1, Deputy John Doe #2, and Deputy John Doe #3

CERTIFICATE OF SERVICE I hereby certify, by my signature below, that a true and correct copy of the

above and foregoing has been forwarded, via certified mail, return receipt requested,

to the following on the 13th day of February, 2015:

Mr. John Michael Donohue,

TDCJ # 1895073

Duncan Unit

1502 South 1st Street

Diboll, Texas 75941

Pro Se Appellant

/s/ Eric A. Johnston Michael Shaunessy Eric Johnston