Los Fresnos Consolidated Independent School District and Michael L. Williams, Commissioner of Education v. Jorge Vazquez

ACCEPTED
03-14-00629-CV
4048578
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/6/2015 9:47:40 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00629-CV

FILED IN
In The Court Of Appeals 3rd COURT OF APPEALS
For The Third Court Of Appeals District AUSTIN, TEXAS
Austin, Texas 2/6/2015 9:47:40 AM
JEFFREY D. KYLE
Clerk

LOS FRESNOS
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT
and Michael L. WILLIAMS, Commissioner of Education,
State of Texas,
Appellants
v.
Jorge VAZQUEZ,
Appellee

On Appeal from the 419th Judicial District Court of Travis County, Texas;
Cause No. D-1-GN-13-003654; before the Honorable Scott H. Jenkins

APPELLEE’S UNOPPOSED FIRST MOTION TO
EXTEND TIME TO FILE APPELLEE’S BRIEF

BRIM ARNETT & ROBINETT, P.C.
Mark Robinett
State Bar No. 17083600
2525 Wallingwood Drive, Bldg. 14
Austin, Texas 78746
Telephone: (512) 328-0048
Facsimile: (512) 328-4814
Email: mrobinett@brimarnett.com

Counsel for Jorge Vazquez
 Identity of Parties and Counsel

Appellee/Defendant: Appellee’s Appellate Counsel:

Brim Arnett & Robinett, P.C.
Mark W. Robinett
State Bar No. 17083600
2525 Wallingwood Drive, Bldg. 14
Austin, Texas 78746
Telephone: (512) 328-0048
Facsimile: (512) 328-4814
Email: mrobinett@brimarnett.com

Appellant/Plaintiffs: Appellant’s Appellate Counsel:

Jennifer Hopgood
Assistant Attorney General
Office of the Attorney General of Texas
Administrative Law Division
PO Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 936-1660
Facsimile: (512) 320-0167
jennifer.hopgood@texasattorneygeneral.gov
Counsel for the Commissioner of Education

Stacy Tuer Castillo
Walsh, Anderson, Gallegos,
Green & Trevino, P.C.
100 NE Loop 410, Suite 900
San Antonio, Texas 78216
Telephone: (210)979-6633
Facsimile: (210)979-7024
Email: scastillo@wabsa.com
Counsel for Los Fresnos ISD

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TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, Jorge Vazquez (“Vazquez”),

files this Unopposed First Motion to Extend Time to File Appellee’s Brief.

Vazquez’s opening brief is currently due on February 16, 2015.

Counsel for Vazquez requests a 30-day extension of time to file its brief, making the brief

due on March 18, 2015. This is the Appellee’s first request for extension of time to file his

opening brief.

Counsel for Vazquez 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 requested

extension:

 Counsel for Vazquez has been out of the office for extended periods, traveling to

serve the needs of his clients around the state, and;

 Counsel for Vazquez has been preparing and trying a case for another individual

during January and February, which has required the majority of his time and

focus.

Counsel for Vazquez seeks this extension of time to be able to prepare an appropriate

brief to aid this Court in its analysis of the issues presented. This request is not sought for

delay but so that justice may be done.

Appellee’s counsel has conferred with Jennifer Hopgood and Stacey Castillo, counsel for

the Appellants, and they have indicated that their clients do not oppose this motion.

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 All facts recited in this motion are within the personal knowledge of the counsel signing

this motion; therefore no verification is necessary under Texas Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellee requests that this Court grant this Unopposed

First Motion to Extend Time to File Appellee’s Brief and extend the deadline for filing the

Appellee’s Brief up to and including March 18, 2015. Vazquez requests all other relief to

which he may be entitled.

Respectfully submitted,

BRIM ARNETT & ROBINETT, P.C.

/s/ Mark W. Robinett
Mark W. Robinett
State Bar No. 17083600
2525 Wallingwood Drive, Bldg. 14
Austin, Texas 78746
Telephone: (512) 328-0048
Facsimile: (512) 328-4814
Email: mrobinett@brimarnett.com

Attorney for Jorge Vazquez

CERTIFICATE OF CONFERENCE

Pursuant to TEX. R. APP. P. 10.1(5), I certify that appellant’s counsel has conferred
with opposing counsel who indicated that their clients do not oppose this motion.

/s/ Mark W. Robinett
Mark W. Robinett

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 CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that on February 6, 2015, a copy of this motion
was sent via the Court’s electronic filing system and via email to the following:

Jennifer Hopgood
Assistant Attorney General
Office of the Attorney General of Texas
Administrative Law Division
PO Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 936-1660
Facsimile: (512) 320-0167
Email: jennifer.hopgood@texasattorneygeneral.gov
Counsel for the Commissioner of Education

Stacy Tuer Castillo
Walsh, Anderson, Gallegos, Green & Trevino, P.C.
100 NE Loop 410, Suite 900
San Antonio, Texas 78216
Telephone: (210)979-6633
Facsimile: (210)979-7024
Email: scastillo@wabsa.com
Counsel for Los Fresnos ISD

/s/ Mark W. Robinett
Mark W. Robinett

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