City of Leon Valley, Texas, Unknown Employee(s) of City of Leon Valley, and Irene Baldridge v. Wm. Rancher Estates Joint Venture, Rafael Alfaro, Jose Alfaro, Carman Alfaro, Daniel Bee, Robert Caldwell, Anne Caldwell, Earl Doderer, Sylvia Doderer, James Dowdy, Betty Dowdy, Issac Elizondo, Suzanne Elizondo, Roberto Galindo, Erma Galindo

ACCEPTED
04-14-00542-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
1/29/2015 5:02:18 PM
KEITH HOTTLE
CLERK

CASE NO. 04-14-00542-CV

FILED IN
4th COURT OF APPEALS
IN THE COURT OF APPEALS SAN ANTONIO, TEXAS
FOR THE FOURTH JUDICIAL 01/29/2015 5:02:18 PM
CIRCUIT SAN ANTONIO, TEXAS KEITH E. HOTTLE
Clerk

CITY OF LEON VALLEY, TEXAS, UNKNOWN
EMPLOYEE(S) OF CITY OF LEON VALLEY and
IRENE BALDRIDGE, Individually
Appellants
v.
WM. RANCHER ESTATES JOINT VENTURE,
RAFAEL ALFARO, JOSE ALFARO, CARMAN ALFARO, DANIEL
BEE, ROBERT CALDWELL, ANNE CALDWELL,
DEFERNCE SERVICE BUSINESS, INC., EARL DODERER, SYLVIA
DODERER, JAMES DOWDY, BETTY DOWDY,
ISSAC ELIZONDO, SUZANNE ELINZONDO, ROBERTO GALINDO,
ERMA GALINDO, SHIRL JACKSON, ANNE
JACKSON, AND RICARDO A. PADILLA
Appellees

APPELLEES' THIRD MOTION TO EXTEND TIME TO FILE APPELLEES'
BRIEF BASED UPON EXTRAORDINARY CIRCUMSTANCES

0. RENE DIAZ
(SBN: 05804775)

DIAZ JAKOB. LLC
The Historic Milam Building
115 E. Travis St, Suite 333
San Antonio, TX 78205
Tel. (210) 226-4500
Fax (210) 226-4502
E-mail!E-Service: ORD@diazjakob.com

COUNSEL FOR APPELLEES
 TO THE HONORABLE JUSTICES OF SAID COURT:

NOW COME the APPELLEES, WM. RANCHER ESTATES JOINT VENTURE,

RAFAEL ALFARO, JOSE ALFARO, CARMAN ALFARO, DANIEL BEE, ROBERT

CALDWELL, ANNE CALDWELL, DEFERENCE SERVICE BUSINESS. INC., EARL

DODERER, SYLVIA DODERER, JAMES DOWDY, BETTY DOWDY, ISSAC

ELIZONDO. SUZANNE ELINZONDO, ROBERTO GALINDO. ERl'viA GALINDO,

SHIRL JACKSON, ANNE JACKSON, AND RICARDO A. PADILLA, Uointly referred to

as "Appellees") and pursuant to Texas Rules of Appellate Procedure 10 file this Third

Motion to Extend Time to File Appellees' Brief Based Upon Extraordinary Circumstances

and would shmv the Court as lnllows:

1. This is the third motion to extend time tiled by the Appellees, and but for the

extraordinary circumstances of a serious case of influenza su!Tcred by Appellees· counsel

during the week of January 19 through January 26, 2015, Appellees would not be seeking

additional time to submit their brief. Pursuant to the Court's order granting the prior

extension, this Motion is supported by "written documentation of the extraordinary

circumstances" which constitute the good cause lnr the Motion. The written documentation is

submitted in two 1nnns: First, "EXHIBIT A." in the tnrm of Appellees' counsel's own

medical records, documenting the oi1ice visit tnr diagnosis and treatment of '"ILl" (i.e.,

inl1uenza like illness), accompanied by an "Influenza School/Work Certificate" signed by

Appellees· counsel"s attending physician, Dr. James Murray, M.D.. whose authenticity has

been verified by counsel; and Second, additional written documentation in the form of a local

news article, discussing the unforeseeability and severity or the influenza epidemic which the

Appellees' 3nl Motion for Extension of Time to File Appellees' Brief
Based upon Extraordinary Circumstances Page I of 8
community of San Antonio has suffered during January 2015, at or about the same time in

which Appellees' counsel was treated for the illness.

2. Previously, the Court of Appeals graciously granted a second extension of time which

set the cunent deadline for Appellees' brief on January 29, 2015, which was very much

appreciated. While the prior motion was based mainly upon a serious health event (i.e., a fall

and a head injury. and hospitalization) suffered by the undersigned counsel's elderly mother.

by contrast, this motion for extension of time is based mainly upon the undersigned counsel's

own serious illness (i.e., in!luenza) suffered during the week of January 19 through January 26,

2015, which set back the preparation and completion of the Appellees· brief by a period of

about I 0 working days or about fourteen calendar days.

3. The Jirst two extensions sought by Appellees' counsel were supported by good cause

and were not opposed by Appellant's counsel, and understandably, Appellants' counsel was

not able to agree to this third request tor an extension of time. Please see the Certificate o(

Conference set forth below in Paragraph No. II below regarding the undersigned counsel's

effort to reach an agreement on the motion.

4. The Serious and Unforeseeable Illness of Counsel for the Appellee- with Written

Documentation: 0. Rene Diaz, counsel f(H· the Appellees, was stricken with inl1uenza during

the week of .January 19 through 26, 2015. Cognizant of the Court's mandate for "written

documentation" of the extraordinary circumsttmces, counsel obtained copies of his own

medical records and a note signed by his attending physici·
State of Texas
My CommiSSIOn Expues
June 11. 2018
~
NotLllbiic: e -
For the State of Texas

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has been

served in accordance with the Texas Rules of' Appellate Procedure on January 29, 2015

to the following:

Pat1icl' Bema!
Clmissa M. Rodriguez
DENTON NAVARRO ROCHA BEC:RNAL HYDE & ZEC!-!. P.C.
A Professional Corporation
2517 N. Main Avenue
San Antonio. Texas 78212
21 0<:!27-3243 phone
210/225-4481 Facsimile
Email: patrick.bcmal•~/';rampagc-sa.com
EinaiJ: clarissa.rodri Q uez({lira1npage-sa.c om
COUNSEL FOR APPELLANTS

Darby Riley
Riley & Riley. Attorneys at Law
320 Lexington A venue
San Antonio, Texas 78215
Allorneys .fiJr Irene Baldridge

Appellees' 3rd Motion for Extension of Time to File Appellees' Brief
Based upon Extraordinary Circumstances Page 8 of 8
 EXHIBIT A

Written Documentation of Extraordinary
Circumstances: Appellees' Counsel's
Treatment for Influenza on January 21, 2015

n·A!O!~\~}J!AWL~
kb
el£ ~.~,

THE HISTORIC MILAM BUILDING
115 East Travis Street, Suite 333
San Antonio, Texas 78205
PHONE: 210-226-4500
FAX: 210-226-4502
 1

Diaz, Oscar lllli!IIIII!IIIIIWIII:IIIIIIII;II 1111111 1111111111
1

BR2381081

Chief Complaint fever, body aches, cough, sore throat, runny nose, congestion
Mcd Allergies Penicillin
i Medications zyriec, advil, robitussin, nyqvil, Lorsartan HCTZ( not today) , Acetaminopher'M.... ,_;..x o.M
l Problem List High Blood Pressure

! Lf.ST 1ElANUs20Q7 PREG? NA FOLMP NA 001 1\PPT APPT OR
: TH.IP 'F BP PLS RESP PLS Ox ~ HT WT BMI 00 OS au Corroc!lan MA RECORDED
1 88.9 150193 sitting 97 96 RA Sarlna Rangel 9:52 am

011~t- l:.~a...,,_,_~ l...,t- ~J

(i::>;sT si'\=. '/t'\ r '
@u.~yPo'+" ......~ J.r-7 SV\ ....

,!,1-M-I:iki
'NOWN 0 0
Q:Svj/J
JUDGfiNSIGHT 0 0
ORIENTED x 3 0 0
I.~QODIAFFECT 0 0
[YES 0 0
!0:.\RS 0 0
rmsE 0 0
1-~THfrHRT 0 0
I'IECK 0 0
LUNGS 0 0
C VASC 0 0
r\BOOMEN 0 0
RECTUM: 0 0
NODES 0 0
r.~USCUSKEL 0 0

====:!~~=IY\JZ9=2§:';S;;==
SI<:N 0 0
HEUROLOG 0 0 Chnrgo Entry By
Qi}RDE.RG' RESUll$ .STAFF - ~~'C.ODE~S

DIAG #1 DIAG #3 ~'Zot
DIAG tt2 DIAG #4

1..] RTC or ED ir no lmprvmt 0 RTCin FOLLOW UP INST
·., ~''i \!.....! I rv., ~""
,...,_to_hrs _days
·~A.... b~ x- s
LJ FlU w/PCP ln _days 0 RxloPt
):_~ ~..J./
~.0u· ir.str given to Pt ~xfaxed

Diaz, Oscar
DOCTOR SIGNATUR\ "\l4.0 lDOCTOR NMIE IRECP INITIALS !TIME~
\\ James Murray M.D. 1 1\r{\ \\JJ '
829-01~
1
1007 NE Loop410 San Antonio, TX 78209-1205 Phone (210) 821-5598 Fax (210) •
 Influenza School/Work Certificate
(for U'ie with non-oo:upatlollill med~l problem)

N arne: Oscar Diaz
Evaluation Date(s): 1/21/2015
Able to return to school/work on:
Restrictions for day(s) No Phys. Ed. Limited Phys. Ed. Other
Other Restrictions/Remarks:
Date: 1128/2015
May return to school/work after free of fever for 24 hours, without taking fever-reducing medication. The
expected duration of this illness is 5-l 0 days. Tamiflu prescribed.

Influenza (Flu) and Influenza Like Illness (ILl) Instructions

Follow These Home Care Recommendations:

Stay home for at least 24 hours atler your fever is gone (when not taking aspirin, acetaminophen or
ibuprofen) except to get medical care or for other necessities.
Keep away from others as much as possible to prevent spread of the illness.
Drink plenty of clear fluids to prevent dehydration. Water and electrolyte drinks
(Gatorade or pedialyte for children) are recommended.
Have everyone in the household wash hands often with soap and water, especially after coughing
or sneezing. Alcohol-based hand cleaners are also effective where soap and water is not
readily available.
Avoid touching your eyes, nose and mouth. Germs spread this way.
Practice courteous hygiene to avoid spreading the virus to others, such as covering your mouth
when you cough or sneeze (or wear a mask) and wash your hands often.
Take appropriate doses of acetaminophen (i.e. Tylenol) or Ibuprofen, (Advil, Motrin, Aleve) for
fever, headache and muscle aches.
Avoid aspirin in anyone younger than 18 years of age.
Antiviral medications are recommended only for those at high risk of complications. They have
little impact on the course of the illness, reducing symptoms on average of only one day.

For children, return to the Clinic or seek care in an emergency department if the following develops:

Fast, painful or trouble breathing. Children may "belly breath" where their abdomens are
moving in and out rapidly, and/or have retractions between the ribs (as the chest
expands, the space between the ribs goes inward).
Bluish or gray skin color
Not drinking enough fluids
Severe or persistent vomiting
Not waking up or not interacting normally with others
Being so irritable that the child does not want to be held
Flu-like symptoms improve but then return with a fever and a worse cough

1/28/2015 8:23am Page 1 of2
Patient Name: Oscar Diaz Chart Number: BR2381 081
In adults, emergency warning signs that need urgent medical attention include:

Difficulty breathing or shortness of breath
Pain or pressure in the chest or abdomen
Sudden dizziness
Confusion
Severe or persistent vomiting
If symptoms seem to be improving, but then worsen or return with the addition of a
fever and a worse cough

Regarding use ofTamiflu and other anti-influenza medications: Texas MedCiinic follows CDC

There are drugs your doctor may prescribe for treating seasonal influenza called "antivirals".
This flu season, antiviral drugs are being used mainly to treat people who are very sick, such as people who
need to be hospitalized, and to treat sick people who are more likely to get serious flu complications.
Remember, most people who are in otherwise good health, and have no increased risk of complications, will have an
illness that will last 7-14 days, with or without these medications.

The persons at risl{ of complications are:

Children under age 2 years
Adults over age 65
Pregnant women
Persons between the ages of2 year and 65 years with underlying medical conditions such as asthma,
heart disease, immune compromise disorders, including diabetes, neuromuscular disorders and
neurocognitive disorders.

For more information about symptoms of Flu or ILl complications, visit www.cdc.gov/h In I flu or 1-800-CDC-INFO

James Murray MD

Texas MedClinic Broadway
1007 NE Loop 410, San Antonio, TX 78209-1205
(210) 821-5598

1128/2015 8:23am Page 2 of2
 IF PAYING BY CREDIT CARD, FILL OUT BELOW
CHECK CARD USING FOR PAYMENT
~0DISCOVE =~~0
· MASTERCARI'"""".'"'
vlsn VIS 10
:..rI ,_il;; ::!JJ
1 ... CARD NUMBER lew AMOUNT

SIGNATURE EXP.DATE

STATEMt::NT DATE PAY THIS AMOUNT ACCOUNT NBR

01/21/15 $0.00 1791929
TAX ID NUMBER
!eNCOUNTER INVOICE 2381081 ~~HOW AMOUNT
742231775 PAID HERE $
ADDRESSEE: REMIT TO:
I,,, II,, I,,, I,Ill,,, I,I,,,,, II, II,, II,,, 1,1,, I,,, II,, I,,, 1.1.,, II, II,,,, 1.111,., II,,, II,,,
Oscar Diaz Texas MedCiinic
502 Country Ln 13722 Embassy Row
San Antonio, TX 78209-1609 San Antonio, TX 78216-2000

11 l)lease check box if above address is incorrect or insurance PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT
information has changed, and indicate change(s) on reverse
s1de.

For Billing Questions, ca11210-349-5592

DATE CPT4 DIAG DESCRIPTION OF SERVICE AMOUNT
cil/21115 99202 487.1 Focused $131.00
01121115 -$65.00

ACCOUNT NBR CHARGES PAYMENTS REFUNDS/ ESTIMATED BALANCE DUE BALANCE DUE FROM
DJUSTMENTS FROM INSURANCE PATIENT

i 1791929
'-----------------~L-------~---------L
$131.00 -$65.00 $0.00 $66.00 $0.00
_________ L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _L __ _ _ _ _ _ _ _ _ _ _ _ _ _ ~

MESSAGE:
PLEASE PAY
Charges for this visit are for ancillary services provided by Texas MedCiinic and THIS AMOUNT>>>»>» $0.00
professional services provided by the physician. All physicians are independent
contractors and are not the employee, agent, or representative of Texas MedCiinic.
•• PAYMENT DUE UPON RECEIPT* THANK YOU ••
ENCOUNTER INVOICE PAGE: 1
Printed by tsmilh2 (1145} on 112112015 10:42:03 AM
 EXHIBITB
San Antonio Express News -
MySanAntonio.com News Article:
"San Antonio Metro Health Reports 34
Percent Increase in Cases with Flu~like
Symptoms" on January 6, 2015; updated
January 21, 2015

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THE HISTORIC MILAM BUilDING
115 East Travis Street, Suite 333
San Antonio, Texas 78205
PHONE: 210-226-4500
FAX: 210-226-4502
San Antonio Metro Health reports 34 percent increase in cases with flu-like symptoms- S... Page I of2

San Antonio Metro Health reports 34 percent increase
in cases with flu-like symptoms
BY TYLER WHITE. JANUARY 6, 2015 . Upduted: January 21. 201512:13pm

4 Heart Attack Signs
ownaheallhyheart.com
These 4 Things Happen Right Before a Hearl Attack.

SAN ANTONIO- Hospitals in San Antonio E-mail Print Tweet B
are experiencing a 34 percent increase In
cases of patients with flu-like symptoms,

PREVIOUSLY REPORTED ON MySA:

Another cold front is expected to roll through the
region Wednesday

No~

2 New York City pollee officers shot, wounded In
the Bronx

Woman missing from San Antonio found deod In
Medina County

Pollee seek man who robbed Macy's at
Rivercenter Mall

University of Texas tops fist of students with
'sugar daddies'

If Ban lis KnC\v
You Dill This,
TI1e flu - whlct1 kills tens or thousands of people a year- po~es a grealer danger I han Ebo!a. Yet unlike Rudy
Solelo, a vaccination coordinator In Br'?wnsvUie, every year peoplo skip I he flu shot.
They'd Freak
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which correlates with the upward trend of influenza cases in Texas and nationwide
Rea!L!"!!or~.
reported by the Centers for Disease Control and Prevention.

The local uptick was reported during the last calendar week of 2014 and compared to
the same time frame in 2013, according to San Antonio's assistant director of health Dr.
Ani! Nangla. He said influenza itself Is not a reportable disease, but flospitallzations for flu-like symptoms are tracked by health
officials.

The Texas Department of Stale Health Services reported influenza activity is widespread, with more than 31 percent of specimens
testing positive for tile disease in Texas laboratories, according to the department's Influenza surveillance report for Dec. 14 through
Dec. 20.

Texas is one of several U.S. states witt1 high rates of influenza cases, pushing the country to the illness' threstwkJ, according lo lhe
Centers for Disease Control and Prevention.

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The Lone Star State r;;mi;;;ti ic-unh on;; ;,·;;:ekly top ten iisr of states with flu activity, according to Walgreens' Flu Index, which is based
on retail prescnption data for antiviral medications used to treat the illness across locatmns nationwide, for the weel( of Dec. 29,
2014.

f•langla said one> reason flu cases may be higher this season may be due to an outdated flu vaccine.

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San Antonio Metro Health reports 34 percent increase in cases with flu-like symptoms- S... Page 2 of2

The vaccine has four different inactive strains of Influenza that are injected into the body to help develop antibodies to fight off the
actual flu strains. t