Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 10/21/2015 10:42:09 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00469-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/21/2015 10:42:09 AM KEITH HOTTLE CLERK NO. 04-15-00469-CV IN THE FOURTH COURT OF APPEALS AT SAN ANTONIO, TEXAS CASH BIZ, LP, CASH ZONE, LLC D/B/A CASH BIZ and REDWOOD FINANCIALS, LLC Appellants.
v.
HIAWATHA HENRY, ADDIE HARRIS, MONTRAY NORRIS,
and ROOSEVELT COLEMAN, JR., on behalf of themselves and for all other similarly situated Appellees. From the 224th Judicial District Court for Bexar County, Texas, No. 2015-CI-01545 AGREED MOTION TO EXTEND TIME TO FILE APPELLANTS’ REPLY BRIEF Patrick E. Gaas State Bar No. 10131700 State Bar No. 07562790
ehubbard@coatsrose.com pgaas@coatsrose.com
COATS, ROSE, YALE, RYMAN & LEE, P.C. 9 Greenway Plaza, Suite 1100 (713) 651-0111 (713) 651-0220 Facsimile COUNSEL FOR APPELLANTS ORAL ARGUMENT REQUESTED *2 TO THE HONORABLE COURT OF APPEALS:
Appellants, Cash Biz, LP, Cash Zone, LLC d/b/a Cash Biz, and Redwood
Financial, LLC, joined by Appellees Hiawatha Henry, Addie Harris, Montray
Norris, and Roosevelt Coleman, Jr., present this agreed motion to extend the time
to file the Appellants’ Reply Brief and to mutually extend the deadline for filing
the Appellants’ Reply Brief under the authority of T EX . R. A PP . P. 38.6(d), 10.1,
and 10.5(b)(1) and (3).
1. Appellants’ Reply Brief is due on October 26, 2015. Appellants’
counsel is requesting a 10-day extension to file Appellants’ Reply Brief to
November 4, 2015. In accordance with Rule 10.5(b)(1)(c), the following facts
reasonably explain the need for further time. Appellate Counsel for the Appellants
are involved in other time-sensitive appellate matters, including the following:
a. Appellants’ Counsel is under a pleadings deadline of October 22, 2015 in
BASF Corporation et. al. v. CB&I Contractors, Inc. FKA et. al.; in the
23 rd Judicial District Court of Parish of Ascension, State of Louisiana,
Docket No. 00111524B, to revise pleadings in a complex construction
contract dispute; and
b. Appellants’ Counsel is providing legal services on a daily basis in
support of the Early Voting Supervisors, Presiding Judges, Ballot Board i | P a g e *3 and Signature Verification Board in Harris County during early voting
and on Election Day for the November 3rd General Election.
Based on these facts, Appellants respectfully request an extension of time of 10
days to file their Reply Brief. With the extension, the Appellants’ Reply Brief
would be filed on or before November 4, 2015.
2. No previous extensions have been sought or granted regarding the
filing of the Appellants’ Reply Brief.
3. Appellants apologize to the court for any delay or inconvenience the
necessity for an extension may cause.
4. This motion is agreed to by all parties. This request is not sought for
delay, but in order that justice may be done.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants, joined by the
Appellees, ask this Honorable Court to grant an extension of 10 days, until
November 4, 2015 to file the Appellants’ Reply Brief, and to grant the same
extension to the Appellees to file the Appellees’ Reply Brief; and ask that all other
briefing periods remain unchanged. Appellants and Appellees also pray for any
other relief to which they may be entitled. ii | P a g e *4 Respectfully submitted,
C OATS , R OSE , Y ALE , R YMAN & L EE , P.C. By: /S/ Edward S. Hubbard State Bar No. 10131700 ehubbard@coatsrose.com Patrick E. Gaas State Bar No. 07562790 pgass@coatsrose.com Sam Arora State Bar No. 24034287 sarora@coatsrose.com 9 Greenway Plaza, Suite 1100 Houston, Texas 77046-0307 (713) 651-0111 (713) 651-0220 facsimile ATTORNEYS FOR THE APPELLANTS H ANSZEN L APORTE By: /S/ Daniel Dutko Daniel Dutko State Bar No24054206 ddutko@hanszenlaporte.com 11767 Katy Freeway, Suite 850 713-522-9444 713-524-2580 ATTORNEYS FOR THE APPELLEES 1 | P a g e *5 CERTIFICATE OF SERVICE I hereby certified that a true and correct copy of the foregoing instrument has
been served upon all counsel of records, listed below, by electronic service, e-mail,
certified mail, return receipt requested, or by facsimile, or by hand delivery of
same on the 21 st day of October, 2015.
Daniel Dutko
Hanszen Laporte
11767 Katy Freeway, Suite 850
/S/ Edward S. Hubbard 2 | P a g e