Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/11/2015 4:44:19 PM JEFFREY D. KYLE Clerk THIRD COURT OF APPEALS 12/11/2015 4:44:19 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00259-CV *1 ACCEPTED ^[8208879] CLERK No. 03-15-00259-CV

IN THE

THIRD COURT OF APPEALS

AUSTIN, TEXAS

____________________________________________________________

BECKY, LTD.,

Appellant

V .

THE CITY OF CEDAR PARK, STEPHEN THOMAS, MATT POWELL, MITCH

FULLER, LYLE GRIMES, LOWELL MOORE, JON LUX, AND DON TRACY,

Appellees

_____________________________________________________________

ON APPEAL FROM THE

126TH JUDICIAL DISTRICT COURT,

TRAVIS COUNTY, TEXAS

______________________________________________________________

APPELLANT’S MOTION TO

FILE POST-SUBMISSION LETTER BRIEF

______________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant Becky, Ltd. (“Becky”) requests leave to file its post-submission

letter brief, which Appellant is filing contemporaneously with this motion. The

letter brief was prompted by a statement made at oral argument by counsel for

Appellees. Leave is appropriate to allow Becky to fully address the statement.

Becky is mindful that parties should not unnecessarily burden the Court with

post-submission filings. But Becky’s letter brief here addresses a critical issue in

the case that was the subject of much discussion at oral argument, and it will assist

the panel in resolution of the case, without undue burden or delay. Good cause

therefore exists to allow leave to file the letter brief.

The undersigned attempted to contact counsel for Appellees by email but has

not received a response, and therefore, does not know if counsel opposes this

motion for leave. Becky will not oppose leave for Appellees to file any response

to the letter brief. Becky therefore requests that this Court grant leave to file

Becky’s post-submission letter brief.

WHEREFORE, Becky requests that this motion be granted, and that this

Court accept its submitted post-submission letter brief for filing and distribution to

Justices Puryear, Goodwin, and Bourland.

Respectfully submitted,

HUSCH BLACKWELL LLP

By

Heidi.bloch@huschblackwell.com 111 Congress Avenue, Suite 1400 Austin, Texas 78701-4093 *3 Leonard B. Smith lsmith@leonardsmithlaw.com P.O. Box 684633 Austin, Texas 78768 ATTORNEYS FOR APPELLANT CERTIFICATE OF CONFERENCE

The undersigned certifies that she has attempted to contact Cobby Caputo

and Bradley Young, counsel for Appellees, via email, but has not received a

response.

/s/ Elizabeth G. Bloch CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document

was served on the 11th day of December, 2015, via the Court’s electronic

filing system and/or email to the following counsel of record:

Cobby Caputo

ccaputo@bickerstaff.com

Bradley B. Young

byoung@bickerstaff.com

Bickerstaff Heath Delgado Acosta LLP

3711 South MoPac Expressway

Building One, Suite 300

Austin, Texas 78746