Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 10/22/2015 9:44:07 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00302-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/22/2015 9:44:07 AM KEITH HOTTLE CLERK NO. 04-15-00302-CV IN THE COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT SAN ANTONIO, TEXAS CITY OF PEARSALL APPELLANT VS.

ROBERT M. TOBIAS APPELLEE O N A PPEAL FROM THE 218 TH J UDICIAL D ISTRICT C OURT , F RIO C OUNTY , T EXAS

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO

FILE APPELLEES’ BRIEF TO THE HONORABLE FOURTH COURT OF APPEALS:

Appellee, Robert Tobias, respectfully presents this unopposed first

motion to extend time in which to file his Appellee’s Brief pursuant to Texas

Rule of Appellate Procedure 38.6. No previous motions for extension of time

to file the Appellee’s Brief have been filed. In support of this motion, Appellee

would show the Court as follows:

I.

Following one extension, Appellant timely filed its principal brief on

September 25, 2015. As a result, Appellees’ Brief is currently due on

October 25, 2015. Appellee intends to file a single brief and that brief will be

drafted by the undersigned. Because of the events and matters described

more fully below, Appellee requests an extension of an additional 30 days

in which to file his Appellee’s Brief or until November 25, 2015.

II.

The requested extension is necessary because the following matters

have prevented the undersigned from completing the Appellee’s Brief and

will preclude the undersigned from doing so sooner than October 25, 2015:

1. The undersigned was required to participate in a mediation and

subsequent settlement negotiations in Washington, D.C. in the matter of Whitney Hagopain v. Guggenheim Securities; 2. The undersigned was required to attend mediation in

Anacortes, WA, in the matter of Hyde v. Port of Anacortes; 3. The undersigned was required to participate in meetings for

Trius Retail. A company in which he serves as General Counsel; and,

4. The undersigned was out of the office on personal matters for

two weeks in October.

For all of the reasons explained above, counsel for Appellee cannot

complete the Appellee’s Brief by its current due date of October 25, 2015,

and needs an additional 30 days in which to do so.

III.

On October 16th, 2015, the undersigned conferred with Albert Lopez,

counsel for Appellant. Mr. Lopez indicated that Appellant does not oppose

this motion.

WHEREFORE, PREMISES CONSIDERED, Appellee respectfully

requests that this Court grant his motion for extension of time in which to file

his Appellees’s Brief, extend the deadline in which to file the brief an

additional 30 days up to and including November 25, 2015, and grant such

other and further relief to which Appellee may be justly and equitably

entitled.

Respectfully submitted, _____Reid E. Meyers________________ 11118 Wurzbach Rd., Ste. 206 San Antonio, TX 78230 ATTORNEY FOR APPELLEE CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing motion

has been served on the following counsel in accordance with the Texas Rules

of Appellate Procedure, on this 22d day of October, 2015:

Albert Lopez via email/eservice

Attorney at Law

Reid E. Meyers