PD-1596-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
April 8, 2015 Transmitted 4/8/2015 11:39:53 AM
Accepted 4/8/2015 11:45:06 AM
ABEL ACOSTA
Case Nos. PD-1595-14 and PD-1596-14 CLERK
Roger Liverman and §
Aaron Liverman, §
§
Appellants §
Court of Criminal Appeals
§
v. §
of Texas
§
State of Texas, §
§
Appellee §
Appellants’ Unopposed Motion for Extension of Time
to File Brief on the Merits
Appellants Roger Liverman and Aaron Liverman file this Unopposed
Motion for Extension of Time to file their Brief on the Merits and would
respectfully show this Court the following:
1. Appellants’ Brief on the Merits is due April 10, 2015.
2. Appellants respectfully request a 14-day extension of their deadline. If
permitted, their brief would be due on April 24, 2015.
3. Appellants seek this extension because their undersigned counsel has
been occupied with the following deadlines during the days and weeks since the
State’s filed its brief with this Court:
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⎯ March 23, 2015: Response to Motion to Dismiss in Wesson v. City of
Dallas, which is pending in the United States District Court for the
Northern District of Texas as Civil Action No. 3:14-CV-4325;
⎯ March 24, 2015: Response to three motions for summary judgment in
Melendez v. Rumsey Site Construction, LLC, which is pending in the
62nd Judicial District Court of Hopkins County, Texas as Cause No.
CV-41232;
⎯ March 30, 2015: Response to motion for summary judgment in Blair v.
City of Dallas, which is pending in the United States District Court
for the Northern District of Texas as Civil Action No. 3:14-CV-1515;
⎯ March 31, 2015: Hearing on three motions for summary judgment in
Melendez v. Rumsey Site Construction, LLC, which is pending in the
62nd Judicial District Court of Hopkins County, Texas as Cause No.
CV-41232;
⎯ April 6, 2015: Response to Motion to Dismiss in Harper v. City of
Dallas, which is pending in the United States District Court for the
Northern District of Texas as Civil Action No. 3:14-CV-2647; and
⎯ April 7, 2015: Response to Motion to Dismiss in Tolan v. City of
Bellaire, which is pending in the United States District Court for the
Southern District of Texas as Civil Action No. 4:09-CV-1324; and
⎯ April 9, 2015: Full-day mediation in Melendez v. Rumsey Site
Construction, LLC, which is pending in the 62nd Judicial District
Court of Hopkins County, Texas as Cause No. CV-41232.
4. Appellants have neither requested or nor received any previous
extensions of time to file any document in this case.
5. This motion is not made for purposes of delay, but so that justice may
be done.
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Respectfully submitted,
s/ Matthew J. Kita
Matthew J. Kita
Texas Bar No. 24050883
P.O. Box 5119
Dallas, Texas 75208
(214) 699-1863 (Telephone)
(214) 347-7221 (Facsimile)
matt@mattkita.com
Counsel for Appellants
Certificate of Conference
On April 7, 2015, I conferred with the State’s counsel regarding the merits of
this motion, who represented that he is unopposed to the relief requested.
/s/ Matthew J. Kita
Matthew J. Kita
Certificate of Service
The undersigned certifies that a copy of this notice was served on the
following counsel via e-filing in accordance with Texas Rule of Appellate Procedure
9.5 and this Court’s Local Rules on April 8, 2015:
Counsel for Appellee:
Ms. Lara Tomlin
Denton County District Attorneys’ Office
P. O. Box 2344
Denton, Texas 76202
/s/ Matthew J. Kita
Matthew J. Kita
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Liverman, Aaron
Combined Opinion