Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/28/2015 10:14:48 AM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 8/28/2015 10:14:48 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00808-CV *1 ACCEPTED ^[6695181] CLERK

No. 03-14-00808-CV I N T HE 3 RD C OURT OF A PPEALS A USTIN , T EXAS Rosendo Morales, Appellant V.

Texas Department of Insurance-Division of Workers’ Compensation and Commissioner Ryan Brannan, in his official

capacity, Appellees On appeal from the 146 District Court of Bell County, Texas;

Cause No. 269,135-B, the Honorable Jack Weldon Jones Presiding APPELLANT'S UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S REPLY BRIEF TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Appellant, Rosendo Morales respectfully asks this Honorable Court to extend the time to file Appellant’s Reply Brief by 20 days.

A. Introduction The Appellant is Rosendo Morales, a citizen of Texas and injured worker under the Texas Workers’ Compensation Act; and the Appellees are the Texas

Department of Insurance-Division of Workers' Compensation and

*2 Commissioner Ryan Brannan, in his official capacity, and are the state agency

and head of the agency and collectively referred to as TDI-DWC.

2. This is an interlocutory appeal of the granting of a governmental entities

plea to the jurisdiction.

3. The current deadline for Appellant’s reply brief was August 17, 2015.

4. This motion is filed on August 28, 2015, within the time to file a motion to

extend time, as required by Texas Rules of Appellate Procedure including Rule

38.6.

5. Lead counsel for Appellees, TDI-DWC, is unopposed to this motion.

B. Argument & Authorities 6. This Court has authority under the Texas Rules of Appellate Procedure

including Rule 38.6 to grant Appellant additional time to file Appellant’s Brief.

7. Appellant requests an additional 20 days from August 17, 2015 to file

the Appellant’s Reply Brief, extending the time until Tuesday, September 8,

2015 because 20 days would fall on Sunday September 6, 2015, and Monday

September 8 is Labor Day extending the date to Tuesday September 8, 2015. No prior extensions to extend time to file the Appellant’s Reply Brief

have been granted, and the governmental entities, TDI-DWC Appellees are

unopposed to this extension.

Appellant needs additional time to file the Appellant’s Reply Brief because:

a. Counsel for Appellant has been involved with other judicial and

administrative proceedings in the last month and continuing into the next.

Appellant’s counsel has also had previously set family and children’s

educational and extracurricular commitments in the last month and extending

into this month including a family vacation from July 28, 2015 to August 5,

2015 and moving two children into new college living quarters in August.

Appellant’s counsel is of counsel to a very small law firm, and counsel has had

an extremely heavy workload with prior deadlines and hearings. Counsel also

has a reply brief due on August 31, 2015 in Case No. 01-15-00321-CV pending

before the 5 Court of Appeals in Dallas. Counsel also has a brief due before

the U.S. Fifth Circuit on September 1, 2015 in Case No. 15-40539. Appellant’s

counsel is also currently lead counsel of record in District Court matters in

Travis County, Harris County, Nueces County, Edinburgh County, Rockwall

County, and other counties.

b. For the reasons contained herein, Appellant is filing this Motion to

Extend Time to File the Appellant’s Reply Brief.

*4 c. To be able to file the succinctly and adequately file the Appellant’s Reply

Brief in this significant workers’ compensation matter an additional 20 days is

requested from the original deadline.

C. Conclusion This motion to extend time to file Appellant’s Reply Brief is not for the

purposes of delay but for time for adequate and succinct briefing and more

time to review the record in this critical workers’ compensation matter.

D. Prayer 12. For these reasons, Appellant respectfully prays and asks the Court to

grant an extension of time of 20 days, plus one weekend day and one holiday

extending the deadline until Tuesday, September 8, 2015, to file the

Appellant’s Reply Brief.

Respectfully, /s/ Brad McClellan Bradley Dean McClellan State Bar No. 13395980 1701 Directors Blvd., Suite 110 Austin, Texas 78744 (512) 327-6884 telephone (512) 327-8354 facsimile Brad.McClellan@yahoo.com Attorney for Appellant *5 CERTIFICATE OF CONFERENCE I certify that I have conferred with Adrienne Butcher, lead counsel for

Appellees, TDI-DWC, by email, and she is unopposed to the Appellant’s Motion

to Extend Time to file Appellant’s Reply Brief.

/s/ Brad McClellan Bradley Dean McClellan CERTIFICATE OF SERVICE I certify that a copy of the foregoing Appellant’s Motion to Extend Time was served on the through counsel of record by the method indicated below

on August 28, 2015:

Adrienne Butcher, Assistant Attorney Via eservice and e mail

General

adrienne.butcher@texasattorneygeneral.gov

Administrative Law Division

Office of the Attorney General of Texas

P.O. Box 12548 (MC-018), Capital Station

Austin, Texas 78711-2548

512-475-4208

Facsimile: (512) 320-0167

Attorney for TDI-DWC Appellants

/s/ Brad McClellan Brad McClellan