Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/17/2015 3:18:13 PM JEFFREY D. KYLE Clerk No. 03-15-00293-CV THIRD COURT OF APPEALS 8/17/2015 3:18:13 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00293-CV *1 ACCEPTED ^[6527242] CLERK

______________________________________________________________________________

In the Court of Appeals

For the Third Judicial District of Texas

Austin, Texas

______________________________________________________________________________

BOB E. WOODY,

Plaintiff-Appellant,

v.

J. BLACK’S, LP and J. BLACK’S, GP, LLC,

Defendants-Appellees.

________________________________________________________

On Appeal from Cause No. D-1-GN-09-001436

In the 345th Judicial District Court of Travis County, Texas

The Honorable Steven Yelenosky Presiding

________________________________________________________

Appellant’s Unopposed First Motion for

Extension of Time to File Opening Brief

TO THE HONORABLE COURT OF APPEALS:

Appellant’s opening brief currently is due August 19, 2015. Pursuant to Texas

Rule of Appellate Procedure 38.6(d), appellant respectfully requests a 15-day

extension of time until September 3, 2015 to file his opening brief. This extension

is requested for the following reasons.

The undersigned had responsibility for the following additional commitments

during late July and August 2015:

 Preparing a reply in support of a motion for rehearing (filed July 27, 2015)

for defendant-appellee in a case concerning issues under the Hague Service

Convention: Menon v. Water Splash, Inc ., No. 14-14-00012-CV (Tex.

App.—Houston [14th Dist]);

 Preparing a response to a motion to dismiss (due July 29, 2015) on behalf

of the plaintiff in a federal antitrust matter: Viva Cinemas Theaters and

Entertainment LLC d/b/a Viva Cinema v. America Multi-Cinema, Inc ., No.

4:15-cv-01015 (S.D. Tex.);

 Preparing the plaintiff’s objections to a magistrate’s memorandum and

recommendation (due July 28, 2015) in another federal antitrust matter:

Houston KP, LLC v. City of Houston , No. 4:14-CV-02928 (S.D. Tex.); and

 Assisting in the preparation of a motion for summary judgment (for filing

this week) on behalf of defendant Superior Well Services, Inc. in a state

property matter: Cabot Oil & Gas Corp. v. Casedhole Solutions, Inc. et al .,

No. 2014-14786 (127th Dist. Ct., Harris County, Texas);

Although the undersigned has not given these commitments priority over the current

appeal, the undersigned could not complete appellant’s opening brief in this matter

by August 19, 2015 given the deadlines in these other matters.

The undersigned has confirmed that appellees are unopposed to this motion.

No prior extensions have been previously requested or granted.

Prayer

Appellant respectfully request that the Court grant him a 15-day extension of

time to file his opening brief.

Respectfully submitted,

/s/ Jeremy Gaston

Jeremy Gaston

Texas SBN 24012685

jgaston@hmgnc.com

H AWASH M EADE G ASTON

N EESE & C ICACK LLP

2118 Smith Street

Houston, Texas 77002

Telephone: (713) 658-9001

Facsimile: (713) 658-9011

Rick Gray

Texas SBN 08328300

rick.gray@graybecker.com

Gray & Becker, PC

900 West Avenue

Austin, TX 78701-2210

Telephone: 512-482-0061

Facsimile: 512-482-0924

Tom C. McCall

Texas SBN 13350300

tmccall@themccallfirm.com

David B. McCall

Texas SBN 13344500

dmccall@themccallfirm.com

The McCall Firm

3660 Stoneridge Road, Suite F-102

Austin, Texas 78746-7759

Telephone: (512) 477-4242

Facsimile: (512) 477-2271

Hector H. Cardenas, Jr.

Texas SBN 00790422

hcardenas@cardenas-law.com

T HE C ARDENAS L AW F IRM

3660 Stoneridge Road, Suite F-102

Austin, Texas 78746-7759

Telephone: (512) 477-4242

Facsimile: (512) 477-2271

Counsel for Appellant

Certificate of Conference

The undersigned conferred with appellees’ counsel regarding this motion, and

appellees are unopposed to the relief requested herein.

/s/ Jeremy Gaston

Jeremy Gaston

C ERTIFICATE OF S ERVICE

I certify that on August 17, 2015 a true and correct copy of the foregoing

document was served on the following counsel of record by electronic filing:

Eric J. Taube

Andrew Vickers

Hohmann, Taube & Summers, LLP

100 Congress Avenue, 18th Floor

Austin, TX 78701-4042

Counsel for J. Black’s, LP and J. Black’s, GP, LLC

Counsel for Appellees

/s/ Jeremy Gaston

Jeremy Gaston