Randolph A. Lopez, D/B/A Brown Hand Center and D/B/A Brown Medical Center v. Cox Texas Newspapers, L.P., D/B/A Austin American-Statesman

ACCEPTED 03-14-00331-CV 3938099 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/28/2015 4:16:48 PM JEFFREY D. KYLE CLERK No. 03-14-00331-CV Tr Ct No. C-1-CV-13-002354 FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 1/28/2015 4:16:48 PM JEFFREY D. KYLE Clerk Randolph A. Lopez d/b/a Brown Hand Center and d/b/a Brown Medical Center, appellant v. Cox Texas Newspapers, L.P. d/b/a Austin American-Statesman, appellee MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF TO THE THIRD COURT OF APPEALS: Appellee, Cox Texas Newspapers, L.P. d/b/a Austin American- Statesman, files this motion for extension of time to file Appellee’s Brief under Rules 10.1, 10.5(b), and 38.6(d) of the Texas Rule of Appellate Procedure, and requests the Court to extend the deadline for filing the appellants’ brief from January 16, 2015 until January 28, 2015. In support of this motion appellee shows: I. This is an appeal from the grant of a motion for summary judgment on a suit to collect on a note. Appellant’s Brief was filed on December 15, 2014. 1 II. This is appellee’s first request for an extension of time to file Appellee’s Brief. III. The undersigned Timothy Hootman, who is primarily responsible for preparing Appellee’s Brief, was busy preparing the brief in No. 03-14- 00470-CV, Chavez v. Martinez (which was filed on January 11, 2015), and had underestimate the time need to complete the brief in this case, and therefore requests the additional 12 days. The Appellee’s Brief has been filed contemporaneously with this motion. WHEREFORE, appellee, Cox Texas Newspapers, L.P. d/b/a Austin American-Statesman, prays that the time to file Appellee’s Brief be extended from to January 16, 2015, until January 28, 2015. Respectfully submitted, /s/Timothy A. Hootman Timothy A. Hootman, SBN 09965450 2402 Pease St Houston, TX 77003 713.247.9548 713.583.9523 (f) E-mail: thootman2000@yahoo.com Bill Malone, Jr., SBN 12877500 8650 Spicewood Springs, No 145-598 Austin, TX 78759 512.346.9600 ATTORNEYS FOR APPELLEE 2 CERTIFICATE OF SERVICE I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure, I have served the forgoing document upon the following attorneys by personal mail, commercial delivery service, fax, or electronic service: Isaac J. Huron Ramon Rodriguez Davis, Cedillo & Mendoza 755 E. Mulberry Ave, Ste 500 San Antonio, TX 78212 Dated: January 28, 2015. /s/Timothy A. Hootman Timothy A. Hootman CERTIFICATE OF CONFERENCE The undersigned has attempted to communicate with appellant’s lawyers, Issac Huron and Ramon Rodriguez by sending them emails to both email addresses that appear on Appellant’s Brief. In the emails the undersigned asked whether they are opposed to this motion. The undersigned has not yet received a response. /s/ Timothy A. Hootman TIMOTHY A. HOOTMAN 3