ACCEPTED
04-14-00674-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
2/13/2015 10:08:46 AM
KEITH HOTTLE
CLERK
NO. 04-14-00674-CV
FILED IN
4th COURT OF APPEALS
IN THE COURT OF APPEALS SAN ANTONIO, TEXAS
2/13/2015 10:08:46 AM
FOURTH COURT OF APPEALS DISTRICT
KEITH E. HOTTLE
SAN ANTONIO, TEXAS Clerk
JOHN MICHAEL DONOHUE,
Appellant,
v.
DANIEL BUTTS, SHERIFF; J.J. MARTINEZ, DEPUTY; DEPUTY JOHN DOE #1;
DEPUTY JOHN DOE #2; AND DEPUTY JOHN DOE #3,
Appellees.
ON APPEAL FROM THE 198TH DISTRICT COURT,
BANDERA COUNTY, TEXAS
HONORABLE M. REX EMERSON, PRESIDING
CAUSE NO. CV-14-0000180
MOTION FOR EXTENSION OF TIME
TO FILE APPELLEES' BRIEF
Motion for Extension of Time to File Appellees’ Brief Page 1
TO THE HONORABLE FOURTH COURT OF APPEALS:
Appellees respectfully present this unopposed motion to extend the time in
which to file their Appellees' Brief pursuant to Texas Rule of Appellate Procedure
38.6. In support of this motion, Appellees would show the Court as follows:
1. Appellees’ Brief on the Merits is due on February 16, 2015. Appellees
request an extension of time of thirty (30) days, to March 18, 2015, to file their brief.
2. Appellant initially filed his brief in this matter on December 15, 2014.
On January 20, 2015, Appellant filed and amended brief and, on January 26, 2015,
Appellant also filed a letter brief. Based on these filings, the Court, pursuant to the
Rules of Appellate Procedure, determined that the due date for Appellees’ brief was
on February 16, 2015. However, based on the fact that Appellant filed his letter
brief, Appellees have not been allowed a full thirty-day period to prepare their brief.
3. Additionally, Appellees rely on the following facts as a reasonable
explanation for the requested extension of time. Appellees’ counsel, in addition to
preparing a brief on the merits in this case, must also devote time to the following
additional matters:
a. preparation of Court-ordered witness list and production of
relevant documents on January 20, 2015 in Case No. SA-14-CV-
00908-FB(JWP), pending in the United States District Court for
the Western District of Texas, San Antonio Division;
Motion for Extension of Time to File Appellees’ Brief Page 2
b. preparation for and attendance at January 21, 2015, hearing on
Application for Temporary Injunction in Cause No. 12-0921,
pending before the 428th Judicial District;
c. preparation and filing of dispositive motion for summary
judgment, including 362 pages of exhibits, on January 22, 2015,
in Cause No. 08-1170-A, pending before the 207th Judicial
District;
d. preparation of Court-ordered discovery, including document
production, records authenticated by affidavit and medical records
affidavit on January 26, 2015, in Case No. SA-14-CV-00908-
FB(JWP), pending in the United States District Court for the
Western District of Texas, San Antonio Division;
e. preparation for and attendance at February 2, 2015, hearing in
Cause No. 11-1270-CV, pending before the 25th Judicial District;
f. preparation and filing of response to Motion to Dismiss on
February 3, 2015, in Cause No. 14-08-00154-CVL, pending
before the 218th Judicial District;
g. preparation and filing of appellate brief on February 5, 2015, in
Case No. 04-14-00651-CV, in the Fourth Court of Appeals of
Texas;
h. preparation of production objections and responses, including
document production due on February 5, 2015, in Case No. SA-
14-CA-00885-FB(JWP), pending in the United States District
Court for the Western District of Texas, San Antonio Division;
i. preparation for and attendance at February 10, 2015, hearing in
Cause No. 12-0921, pending before the 428th Judicial District;
j. preparation of Court-ordered witness list and production of
relevant documents on February 13, 2015 in Cause No. SA-14-
CA-00885-FB(JWP), pending in the United States District Court
for the Western District of Texas, San Antonio Division;
Motion for Extension of Time to File Appellees’ Brief Page 3
k. preparation of production objections and responses, including
document production due on February 16, 2015, in Case No. SA-
14-CA-00885-FB(JWP), pending in the United States District
Court for the Western District of Texas, San Antonio Division;
l. preparation of production objections and responses, including
document production due on February 16, 2015, in Case No. SA-
14-CA-00885-FB(JWP), pending in the United States District
Court for the Western District of Texas, San Antonio Division;
m. preparation of interrogatory objections and responses due on
February 16, 2015, in Case No. SA-14-CA-00885-FB(JWP),
pending in the United States District Court for the Western
District of Texas, San Antonio Division;
n. preparation of admission objections and responses due on
February 16, 2015, in Case No. SA-14-CA-00885-FB(JWP),
pending in the United States District Court for the Western
District of Texas, San Antonio Division;
o. preparation and filing of dispositive motion for summary
judgment, on February 16, 2015, in Case No. 6:13-CV-00048-C,
pending in the United States District Court for the Northern
District of Texas, Lubbock Division; and
p. preparation for and attendance at depositions on February 18,
2015 in Case No. 6:13-CV-00048, pending in the United States
District Court for the Northern District of Texas, Lubbock
Division.
3. Based on the fact that Appellant is incarcerated, the undersigned was
unable to confer with Appellant to determine if he was opposed to this request.
Motion for Extension of Time to File Appellees’ Brief Page 4
THEREFORE, Appellees pray that this Court grant this Motion for Extension
of Time and allow Appellees until March 18, 2015, to file their Brief on the Merits.
Respectfully submitted,
MCGINNIS LOCHRIDGE
600 Congress Avenue, Suite 2100
Austin, Texas 78701
512.495.6000 (telephone)
512.505.6364 (telecopier)
mshaunessy@mcginnislaw.com
ejohnston@mcginnislaw.com
By: /s/ Eric A. Johnston
MICHAEL SHAUNESSY
State Bar No. 18134550
ERIC JOHNSTON
State Bar No. 24070009
Attorneys for Appellees Daniel Butts, Sheriff,
J.J. Martinez, Deputy, Deputy John Doe #1,
Deputy John Doe #2, and Deputy John Doe
#3
Motion for Extension of Time to File Appellees’ Brief Page 5
CERTIFICATE OF SERVICE
I hereby certify, by my signature below, that a true and correct copy of the
above and foregoing has been forwarded, via certified mail, return receipt requested,
to the following on the 13th day of February, 2015:
Mr. John Michael Donohue,
TDCJ # 1895073
Duncan Unit
1502 South 1st Street
Diboll, Texas 75941
Pro Se Appellant
/s/ Eric A. Johnston
Michael Shaunessy
Eric Johnston
Motion for Extension of Time to File Appellees’ Brief Page 6