I ACCEPTED
05-16-00332-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
4/21/2016 4:39:35 AM
LISA MATZ
CLERK
No. 05-16-00332-CV
FILED IN
IN THE FIFTH DISTRICT COURT OF APPEALS 5th COURT OF APPEALS
DALLAS, TEXAS
AT DALLAS, TEXAS
4/21/2016 4:39:35 AM
LISA MATZ
Clerk
IN RE ANTHONY R. SANDERS,
RELATOR
Original Proceeding Arising out of the
296TH Judicial District Court
of Collin County, Texas
Cause No. 296-56252-2012
Honorable John Roach, Jr. Presiding
REAL PARTY IN INTEREST'S SECOND MOTION FOR EXTENSION OF TIME TO
FILE PAST DUE RESPONSE TO PETITION FOR WRIT OF MANDAMUS
Respectfully submitted,
By:~
CASEY T. BOYD
State Bar No. 24059477
THE SHAPIRO LAW FIRM
701 E. 15th Street, Suite 204
Plano, Texas 75074
Tel: (972) 423-0033
Fax: (972) 423-0077
Email: cboyd@shapiro-law.net
COUNSEL FOR REAL PARTY IN INTEREST
EDVANIA SANDERS
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REAL PARTY IN INTEREST'S SECOND MOTION FOR
EXTENSION OF TIME TO FILE PAST DUE RESPONSE
TO PETITION FOR WRIT OF MANDAMUS
TO THE HONORABLE FIFTH COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Real Party in Interest,
Edvania Sanders, files this Second Motion to Extend Time to File her Past Due
Response to the Petition for Writ of Mandamus.
On March 30, 2016, this Court issued an Order requesting that Real Party in
Interest and Respondent file their responses to the Petition for Writ of Mandamus,
if any, on or before April 14, 2016.
On April 13, 2016, Counsel for Real Party in Interest requested a 7-day
extension of time to file her response, making the response due on Wednesday,
April 20, 2016. That was her first request for extension of time to file the response.
On April 14, 2016, this Court granted Real Party in Interest's Motion to
Extend Time, and directed Real Party in Interest to file her response, if any, on or
before April 20, 2016.
Prior to filing this Second Motion for Extension of Time to File Past Due
Response to Petition for Writ of Mandamus, Real Party in Interest did in fact file
her Response with the Court. Her Response was filed with the Court four (4)
hours late.
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Counsel for Real Party in Interest relies on the following reasons, in addition
to the routine matters that counsel must attend to in daily practice, to explain the
need for the second requested extension of time:
Counsel for Real Party in Interest was unable to properly convert the
Response to text searchable portable document format per the
applicable Rules of Court prior to the deadline to file.
Counsel for Real Party in Interest needed additional time (4 hours) to
file the response so that he could get to his office in order to properly
convert the Response to text searchable portable document format.
Counsel for Real Party in Interest seeks this extension of time to file the past
due Response so that this Court can be aided in its analysis of the issues presented.
This request is not sought for delay but so that justice may be done.
The undersigned has not conferred with Relator's counsel of record,
Georganna Simpson, prior to the filing of this motion because this motion is being
filed contemporaneously with the past due Response.
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion, therefore no verification is necessary under Rule of
Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Real Party in Interest requests that this Court
grant this Second Motion to Extend Time to File Past Due Response to Petition for
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Writ of Mandamus and extend the Deadline for Filing the Real Party in Interest's
Response up to and including April 21, 2016.
Real Party in Interest requests all other relief to which she may be entitled.
Respectfully submitted,
THE SHAPIRO LAW FIRM
701 E. 15th Street, Suite 204
Plano, Texas 75074
Tel: (972) 423-0033
Fax: (972) 423-0077
Email: familylaw@shapiro-law.net
By:~
CASEY T. BOYD
State Bar No. 24059477
COUNSEL FOR REAL PARTY IN INTEREST
CERTIFICATE OF CONFERENCE
I have not conferred with counsel for Relator regarding this motion because
this motion was filed contemporaneously with Real Party in Interest's Response to
Petition for Writ of Mandamus.
CASEY T. BOYD
Counsel for Real Party in Interest
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CERTIFICATE OF SERVICE
I certify that on April 21, 2016, I served a copy of this motion to the
following counsel and parties by electronic mail or via facsimile.
Georganna L. Simpson Beth M. Hearn
Counsel for Relator Counsel for Relator
The Honorable John Roach, Jr.
296th Judicial District Court
Collin County, Texas
Respondent
COUNSEL FOR REAL PARTY IN INTEREST
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