Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/19/2015 4:05:18 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 11/19/2015 4:05:18 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00591-CV *1 ACCEPTED [7912629] CLERK No. 03-15-00591-CV I N T HE C OURT OF A PPEALS F OR T HE T HIRD J UDICIAL D ISTRICT
A T A USTIN , T EXAS T HE C ITY OF A USTIN F IREFIGHTERS AND P OLICE O FFICERS ’
C IVIL S ERVICE C OMMISSION , D IRECTOR M ARK W ASHINGTON , C HIEF
A RTURO A CEVEDO , AND THE C ITY O F A USTIN , T EXAS ,
Defendants/Appellants , v.
W ILLIAM M. S TEWART , Plaintiff/Appellee.
U NOPPOSED M OTION FOR E XTENSION OF D EADLINE TO F ILE A PPELLEE ’ S B RIEF
EATS D URST & O WEN , P . L . L . C . 1204 San Antonio Street, Suite 203 Austin, Texas 78701 (512) 474-6200 (512) 474-7896 (F AX ) B. Craig Deats State Bar No. 05703700 cdeats@ddollaw.com Matt Bachop State Bar No. 24055127 mbachop@ddollaw.com C OUNSEL FOR PPELLEE *2
TO THE HONORABLE COURT OF APPEALS:
COMES NOW Appellee William M. Stewart, by and through his appellate
attorneys, and pursuant to Texas Rules of Appellate Procedure 10.5(b) and
38.6(d), files this motion for an extension of time to file Appellee’s appellate brief,
and would respectfully show the Court as follows:
I.
The deadline for filing Appellee’s appellate brief in this Court is November
30, 2015.
II.
Appellee seeks an order extending the time for filing Appellee’s appellate
brief for 15 calendar days, so that Appellee’s appellate brief would be due for
filing in this Court on Tuesday, December 15, 2015.
III.
Appellee requests this extension of time to file his appellate brief because
due to the current press of legal and business matters in which Appellee’s legal
counsel is involved, along with the Thanksgiving holiday, Appellee’s legal
counsel reasonably needs such an extension so that Appellee’s legal counsel may
have sufficient time to prepare a meaningful argument that will be of maximum
benefit to the Court. This request is not for the purposes of delay.
IV.
No previous extensions of the time for filing Appellee’s appellate brief have
been sought.
Prayer for Relief WHEREFORE, PREMISES CONSIDERED, Appellee William M. Stewart
respectfully requests that the Court issue an order extending the time for filing
Appellee’s appellate brief in the above case for 15 calendar days, making
Appellee’s appellate brief due on Tuesday, December 15, 2015.
Respectfully submitted, EATS D URST & O WEN P . L . L . C . 1204 San Antonio Street, Suite 203 Austin, Texas 78701 (512) 474-6200 (512) 474-7896 (Fax) /s/ Matt Bachop B. Craig Deats State Bar No. 05703700 cdeats@ddollaw.com Matt Bachop State Bar No. 24055127 mbachop@ddollaw.com C OUNSEL FOR PPELLEE W ILLIAM M .S TEWART *4 CERTIFICATE OF CONFERENCE
I hereby certify that I, Matt Bachop, counsel for Appellee, communicated
with all other parties about the merits of Appellee’s motion to extend time to file
Appellee’s appellate brief. Specifically, on November 19, 2015, I communicated
by phone with Chris Edwards, counsel for Appellants, about the merits of
Appellee’s motion to extend time to file Appellee’s appellate brief, and counsel
for Appellants stated that the motion is unopposed.
/s/ Matt Bachop CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has
been sent to counsel for Appellants, Chris Edwards, Assistant City Attorney, C ITY
OF USTIN -L AW EPARTMENT P. O. Box 1546, Austin, Texas 78767-1546,
Fax: (512) 974-1311, chris.edwards@austintexas.gov, on this 19th day of
November, 2015, by electronic service.
/s/ Matt Bachop