ACCEPTED
04-14-00558-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
3/4/2015 11:41:00 AM
KEITH HOTTLE
CLERK
CAUSE NO. 04-14-00558-CV FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
IN THE COURT OF APPEALS 3/4/2015 11:41:00 AM
FOURTH COURT OF KEITH
APPEALS DISTRICT, SAN ANTONIO, E. HOTTLE
TEXAS
Clerk
EDNA A. MARTINEZ
APPELLANT
v.
STATE OFFICE OF RISK MANAGEMENT
APPELLEE
On Appeal from the 37th Judicial District Court,
Bexar County, Texas, Cause No. 2001-Cl-17102
APPELLEE'S UNOPPOSED FIRST MOTION TO EXTEND TIME TO
FILE APPELLEE'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the Appellee, THE STATE OFFICE OF RISK
MANAGEMENT, by and through the undersigned Assistant Attorney General, and
would respectfully request an extension of time in which to file its Appellee's Brief.
Appellant is Edna A. Martinez. Appellant's Brief was filed on February 9, 2015,
making Appellee's Brief due on March 11, 2015. Due to its counsel's schedule and
workload, and pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate
Procedure, Appellee requests an additional 30 days to prepare its Appellee's Brief.
As the 30 day deadline from March 11, 2015 would fall on Saturday, April 11, 2015,
Appellee requests Appellee's Briefbe due on Monday, April 13, 2015.
Due to a heavy caseload, counsel for Appellee has been required to travel for
work to attend meetings and hearings, and has therefore been required to be out of
the office for several full days during February of 2015. Also during February 2015,
Counsel for Appellee has been required to draft several pleadings and motions,
participate in settlement negotiations, and tend to many other time-sensitive day to
day matters on behalf of her clients. In addition, counsel for Appellee is currently
scheduled to attend trial beginning March 9, 2015, in the 105 1h Judicial District Court
of Kleberg County, Texas. As such, counsel for Appellee has not had adequate time
in which to prepare the Appellee' s Brief.
This is Appellee' s first request for an extension of time to file its Appellee' s
Brief. There is no date set for submission or oral argument in this case. This motion
is filed on or before the deadline to file Appellee's Brief. Appellee has contacted
attorney for Appellant, Kenneth Howell, and he is unopposed to this Motion. This
extension is not sought for delay, but is necessary so that justice may be done.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellee, THE STATE
OFFICE OF RISK MANAGEMENT, respectfully requests the Court grant its
motion and extend the time for filing its brief up to and including 30 days making
its brief due on April 13, 2015. Appellee prays for such further relief to which it
may be justly entitled.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DA VIS
Deputy Attorney General for Civil
Litigation
KARA L. KENNEDY
Division Chief, Tort Litigation Division
Assistant Attorney General
State Bar No. 24063075
Tort Litigation Division, MC-030
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
(512) 4 75-2036
FAX: (512) 463-2224
Emily.jakobeit@texasattorneygeneral.gov
CERTIFICATE OF CONFERENCE
I hereby certify that on the 3rd day of March, 2015, I contacted Kenneth
Howell, attorney for Appellant, and on the 4th day of March 2015 he indicated he is
unopposed to this First Motion for Extension of Time to File Appellee's Brief.
Emily R: Jakbbeit
Assistant Attorney General
CERTIFICATE OF SERVICE
I certify that o~