Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/21/2016 1:33:30 PM JEFFREY D. KYLE Clerk No. 03-16-00580-CV; No. 03-16-00607-CV THIRD COURT OF APPEALS 11/21/2016 1:33:30 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-16-00580-CV *1 ACCEPTED [13903802] CLERK In the Third Court of Appeals Austin, Texas AARON BISHOP, ALBERT CORTEZ, JR., AURELIO MARTINEZ, TOMAS
MONTEZ, RICARDO PELAYO, RODERICK WESLEY, RONALD BOOKER,
ERIC DELOSSANTOS, JOVITA LOPEZ, NORRIS MCKENZIE, OSCAR
RAMIREZ, MONROE YARBROUGH, RICHARD BURNS, HENRY MORENO,
JESSE PRADO, ET AL, Plaintiffs – Appellants v.
THE CITY OF AUSTIN, Defendant - Appellee Appeal from Cause No. D-1-GN-14-002459 345th Judicial District Court of Travis County, Texas CITY OF AUSTIN’S UNOPPOSED MOTION TO EXTEND TIME
TO FILE APPELLANT’S BRIEF IN APPEAL NO. 03-16-00607-CV ANNE L. MORGAN, CITY ATTORNEY MEGHAN L. RILEY, CHIEF, LITIGATION Lynn E.Carter
Assistant City Attorney State Bar No. 03925990 Lynn.carter@austintexas.gov Michael Siegel State Bar No. 24093148 Michael.siegel@austintexas.gov City of Austin-Law Department P. O. Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-1342 Facsimile: (512) 974-1311 OUNSEL FOR A PPELLEE /C ROSS - PPELLANTS *2 TO THE HONORABLE JUSTICES OF THIS COURT:
In Appeal No. 03-16-00607-CV, Appellant, City of Austin (“City”) asks the
Court to extend the time to file Appellant’s Brief pursuant to Rule 10.5(b), Texas
Rules of Appellate Procedure (TRAP), and in support respectfully shows:
1. The City’s Appellant’s Brief is due on November 28, 2016. The
City’s appeal was filed as an accelerated appeal pursuant to TRAP Rule 28.1(a)
because it appeals the denial of an interlocutory order, the City’s plea to the
jurisdiction as to plaintiff-appellee Donald Baker. T EX .C IV .P RAC .&R EM .C ODE
§51.014(a)(8). The clerk’s record for the consolidated appeal was filed October
26, 2016.
2. The City requests an extension of approximately 35 days to file its
Appellant’s Brief. Including Court holidays, the City’s request would result in a
filing deadline of January 2, 2017. The Court has authority to grant this motion
pursuant to Texas Rule of Appellate Procedure 38.6(d).
3. All parties have agreed to the relief sought in this motion.
Specifically, the parties filed stipulations (November 9, 2016) including mutual
agreement to the above-requested extension in section “I” of the stipulations.
4. This extension is necessary due to the complexity of the litigation, the
heavy work load of counsel, and the loss of working days due to holidays and pre-
planned vacations. Appellant’s counsel reasonably needs such an extension so that
they may have sufficient time to prepare a meaningful opening brief that will
properly present the facts and law to the Court.
5. This is the first extension requested by the City of Austin.
PRAYER FOR RELIEF For the reasons set forth above, Appellant, City of Austin, requests that this
Court grant this Unopposed Motion to Extend Time to file Appellant’s Brief until
January 2, 2017, and grant Appellant all such other relief to which it may be
entitled.
RESPECTFULLY SUBMITTED, A NNE L. M ORGAN , C ITY A TTORNEY M EGHAN L. R ILEY , C HIEF L ITIGATION B Y : / S / Michael Siegel Lynn E.Carter Assistant City Attorney State Bar No. 03925990 Lynn.carter@austintexas.gov Michael Siegel State Bar No. 24093148 Michael.siegel@austintexas.gov City of Austin-Law Department P. O. Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-1342 Facsimile: (512) 974-1311 C OUNSEL FOR A PPELLANT , ITY OF USTIN *4 C ERTIFICATE OF CONFERENCE Pursuant to T EX . R. PP . P ROC . 10.1(5), I certify that counsel for all
Parties in the lawsuit made the basis of this appeal are in agreement, and that I
conferred with Mark Crampton on November 21, 2016, who is unopposed to
this motion.
/s/ Lynn E. Carter Lynn E. Carter Assistant City Attorney Counsel for Defendant – Appellant ERTIFICATE OF S ERVICE I certify that I served a copy of this motion on counsel of record
electronically, in accordance with the Court’s rules on electronic filing, on
November 21, 2016, as listed below:
Via E-Service to:
Mark W. Crampton
Crampton Law Office
3355 Bee Caves Road, Suite 301-B
Austin, Texas 78746
mark@cloatx.com (and any other electronic service addresses on file)
COUNSEL FOR DONALD BAKER, APPELLEE/PLAINTIFF