Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/18/2017 8:57:12 AM JEFFREY D. KYLE Clerk NO. 03-17-00759-CV THIRD COURT OF APPEALS 12/18/2017 8:57 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-17-00759-CV *1 ACCEPTED ^[21339887] CLERK

IN THE COURT OF APPEALS

FOR THE THIRD JUDICIAL DISTRICT

AUSTIN, TEXAS

DR. J. SCOT ESTEP

Appellee,

vs.

DIPAK GIRI

Appellant. APPELLANT’S FIRST UNOPPOSED MOTION FOR

EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

COMES NOW Defendant-Appellant Dipak Giri through his attorney of

record, and under Texas Rule of Appellate Procedure 10.5(b), respectfully requests

an extension of time to file his brief.

B ACKGROUND , R ELEVANT F ACTS , AND RGUMENTS

Appellant’s Brief is currently due on Wednesday, December 27, 2017.

Undersigned counsel requests a 26-day extension of time to file this brief, to

Monday, January 22, 2018 , for the following reasons: a) he has four depositions

scheduled, including an out-of-town deposition, between December 20-22, 2017, b)

he will be on vacation and unavailable during the week of Christmas (from

December 24 – 31, 2017); c) he has a two-day priority trial setting in Harris County

District Court on January 10, 2018; and d) he will be out of town for a case pending

in federal court in the Eastern District of North Carolina from January 16-18, 2018.

Opposing counsel does not oppose the additional requested time. This is

Appellant’s first request for an extension. The Court has authority under Texas Rule

of Appellate Procedure 38.6(d) to extend the time to file a brief.

P RAYER

WHEREFORE, PURSUANT TO T EX . R. PP . IV . P. 10.5(b) and 38.6(d),

Defendant-Appellant Dipak Giri respectfully requests that this honorable Court

grant an extension from December 27, 2017 to January 22, 2018 to file his

Appellant’s Brief.

Respectfully submitted,

SUD LAW P.C.

/s/ Nitin Sud Nitin Sud State Bar No. 24051399 6750 West Loop South Suite 920 Bellaire, Texas 77401 Phone: 832-623-6420 Fax: 832-304-2552 nsud@sudemploymentlaw.com Attorney for Defendant-Appellant, Dipak Giri *3 C ERTIFICATE OF C ONFERENCE

I hereby certify that on December 16, 2017, Aubrey J. Flowers, counsel for

Plaintiff-Appellee Scot Estep, agreed by electronic mail to an extension of time to

January 22, 2018 for Dipak Giri to file his Appellant’s Brief.

/s/ Nitin Sud Nitin Sud ERTIFICATE OF S ERVICE I hereby certify that a true, full, and correct copy of the foregoing was served

on the following counsel of record via email on December 18, 2017.

Aubrey J. Flowers

20540 Hwy. 46 West

Suite 115, PMB 458

Spring Branch, Texas 78070

Email: aj@ajflowerspc.com

/s/ Nitin Sud Nitin Sud