Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/29/2015 1:39:22 PM JEFFREY D. KYLE Clerk _________________________________________________ THIRD COURT OF APPEALS 9/29/2015 1:39:22 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00293-CV *1 ACCEPTED [7145866] CLERK
NO. 03-15-00293-CV _________________________________________________
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 345 th Judicial District Court of Travis County, Texas
The Honorable Steven Yelenosky Presiding Appellees’ Unopposed Motion for Extension of Time to File Brief in Response to Brief of Appellant
Bob E. Woody TO THE HONORABLE COURT OF APPEALS:
Appellees’ opening brief currently is due October 19, 2015. Pursuant to Texas
Rule of Appellate Procedure 38.6(d), appellees respectfully request a 60-day extension of
time until December 18, 2015 to file their Brief in Response to Appellant Bob E. Woody.
This extension is requested for the following reasons.
In addition to other personal and professional obligations, the undersigned will have
personal and professional responsibility for the following additional commitments during
October 2015:
Two week trial set in the 201st Judicial District Court of Travis County,
Texas in Cause No. GN-13-00516, Nancy Schaefer vs. Michael J. Delitta, et
al.
Various pre-trial hearings for November 2, 2015 trial in In re: Life Partners
Holdings, Inc. , Case No. 15-40289-RFN-11, In the United States Bankruptcy
Court For the Northern District of Texas, Fort Worth Division
Various hearings scheduled in In re: Victory Medical Center, et al., Case No.
15-42373-rfn-11, In the United States Bankruptcy Court for the Northern
District of Texas, Fort Worth Division
Although the undersigned has not given these commitments priority over the current
appeal, the undersigned could not complete the Appellees’ Brief in Response in this matter
by October 19, 2015 given the deadlines in these other matters.
The undersigned has confirmed that appellant is unopposed to this motion and
agreed to this extension.
No prior extensions have been previously requested or granted.
Prayer
Appellees respectfully request that the Court grant them a 60-day extension of time
to file their Brief in Response.
Respectfully submitted, T AUBE S UMMERS H ARRISON T AYLOR M EINZER B ROWN , LLP By: /s/ Eric Taube Eric Taube State Bar No. 19679350 etaube@taubesummers.com Andrew Vickers State Bar No. 24084021 avickers@taubesummers.com 100 Congress Avenue, Suite 1800 Austin, Texas 78701 Telephone: (512) 472-5997 Telecopier: (512) 472-5248 ATTORNEYS FOR APPELLEES CERTIFICATE OF CONFERENCE On September 28, 2015, I conferred with appellant’s counsel regarding this
motion, and on September 29, 2015 they informed me that appellant was unopposed
to the relief requested herein.
/s/ Eric Taube Eric Taube/Andrew Vickers *4 CERTIFICATE OF SERVICE I certify that on September 29, 2015, a true and correct copy of the foregoing
document was served on the following counsel of record by electronic filing:
Tom C. McCall
tmccall@themccallfirm.com
David B. McCall Rick Gray
dmccall@themccallfirm.com Rick.gray@graybecker.com
T HE M C C ALL F IRM G RAY & B ECKER , PC
3660 Stoneridge Road, Suite 900 West Avenue
F-102 Austin, Texas 78701
Austin, TX 78746-7759 Telecopier: (512) 482-0924
Telecopier: (512) 477-2271
Hector H. Cárdenas, Jr.
Jeremy J. Gaston hcardenas@cardenas-law.com
jgaston@hmgllp.com T HE C ÁRDENAS L AW F IRM
H AWASH , M EADE , G ASTON , 3660 Stoneridge Road, Suite
N EESE & C ICACK , L LP F-102
2118 Smith Street Austin, TX 78746
Houston, Texas 77002 Telecopier: (512) 477-2271
Telecopier: (713) 658-9011
/s/ Eric Taube Eric Taube