ACCEPTED
03-13-00599-CV
4397018
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/6/2015 10:59:03 AM
JEFFREY D. KYLE
CLERK
NO. 03-13-00599-CV
_______________________________________________
FILED IN
In The Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
3/6/2015 10:59:03 AM
For The Third District of Texas JEFFREY D. KYLE
Clerk
Austin, Texas
______________________________________________
Horse Hollow Generation Tie LLC,
Appellant,
v.
Whitworth-Kinsey #2, Ltd.,
Whitworth-Kinsey #3, Ltd., and David Olen Whitworth,
Appellees.
____________________________________________________________
On Appeal from the 119th District Court of Concho County, Texas
The Honorable Garland B. Woodward, Presiding Judge
(Trial Cause No. DAC-09-04042)
APPELLEES’ UNOPPOSED FIRST MOTION FOR CONTINUANCE OF
SUBMISSION AND ORAL ARGUMENT
TO THE HONORABLE COURT OF APPEALS:
NOW COME Appellees Whitworth-Kinsey #2, Ltd., Whitworth-Kinsey #3,
Ltd. and David Olen Whitworth and respectfully move the Court to continue the
submission and oral argument date currently set for April 9, 2015.
1. Appellees’ counsel, Matthew F. Wymer, received the Court’s notice
of the submission and oral argument date by mail on Wednesday, March 4, 2015.
Appellee’s counsel cannot attend the argument date scheduled for April 9, 2015 as
2131961v.1 IMANAGE 106638 1
he is currently set for trial in Bexar County the week of April 6, 2015 in Cause No.
2011-CI-17823; Larry Little v. City of Leon Valley Economic Development
Corporation; in the 37th Judicial District, Bexar County Texas. The matter set for
trial has been on the Bexar County Court’s docket since November 4, 2011. This
case is not expected to settle (two mediations to date have failed), or be removed
from the trial docket. Attached as Exhibit A is the Agreed Scheduling Order
confirming the April 6, 2015 trial setting.
2. On March 4, 2015, the undersigned Appellees’ counsel conferred with
Appellant’s counsel to inquire if he would oppose the continuance. Appellant’s
counsel stated he agreed to the continuance, but that he is currently set for trial the
week of April 20, 2015.
3. Per Texas Rules of Appellate Procedure 10.5(c) all parties agree to the
continuance and the continuance is supported by sufficient cause.
4. For these reasons stated above, Appellees’ counsel respectfully moves
this Court continue the submission and oral argument date of April 9, 2015 to a
date after May 1, 2015.
5. Appellees’ counsel does not seek this continuance for purposes of
delay, but so that justice may be done.
WHEREFORE PREMISES CONSIDERED, Appellees’ counsel respectfully
requests that the submission and oral argument date currently set for April 9, 2015
2131961v.1 IMANAGE 106638 2
be continued to a date after May 1, 2015, and that Appellees be granted all other
relief to which they are justly entitled.
Respectfully submitted,
BEIRNE, MAYNARD & PARSONS, L.L.P.
/s/ Matthew F. Wymer
Matthew F. Wymer
State Bar No.
Email mwymer@bmpllp.com
112 E. Pecan, Suite 2750
San Antonio, Texas 78205
Telephone: (210) 582-0227
Facsimile: (210) 582-0231
COUNSEL FOR APPELLEES
WHITWORTH-KINSEY #2, LTD.
WHITWORTH-KINSEY #3, LTD. AND
DAVID OLEN WHITWORTH
CERTIFICATE OF CONFERENCE
Counsel for Appellees conferred with Counsel for Appellant on March 4,
2015 regarding the continuance as set out in detail in this Motion. Counsel for
Appellant is in agreement that the submission and oral argument date be continued
to a date after May 1, 2015.
/s/ Matthew F. Wymer
Matthew F. Wymer
2131961v.1 IMANAGE 106638 3
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the above and foregoing
document was forwarded to all counsel listed below pursuant to the Texas Rules of
Civil Procedure on the 5th day of March, 2015:
David S. Coale
Email dcoale@lynnllp.com
Jeffrey M. Tillotson
Email jtillotson@lynnllp.com
Christopher J. Schwegmann
Email cschwegmann@lynnllp.com
Lynn Tillotson Pinker & Cox, LLP
2100 Ross Avenue, Suite 2700
Dallas, Texas 75201
Telephone No. (214) 981-3800
Telecopier No. (214) 981-3839
Counsel for Appellant
Laird Palmer
Email lplaw@tstar.net
Law Offices of Laird Palmer
341 Ft. McKavitt
P. O. Box 860
Mason, Texas 76856
Telephone No. (325) 347-6350
Telecopier No. (325) 347-6334
Co-Counsel for Appellee
/s/ Matthew F. Wymer
Matthew F. Wymer
2131961v.1 IMANAGE 106638 4
CAUSE NO. 2011-C1-17823
LARRY LITTLE, IN THE DISTRICT COURT OF
Plaintiff,
v.
CITY OF LEON VALLEY ECONOMIC 37TH JUDICIAL DISTRICT
DEVELOPMENT CORPORATION,
Defendants. BEXAR COUNTY, TEXAS
AGREED SCHEDULING ORDER
The Court makes the following Order to set the date of trial, control discovery and to
schedule other necessary deadlines determining the subsequent course of this lawsuit.
IT IS HEREBY ORDERED that this case shall be conducted according to this Agreed
Scheduling Order, and that the parties shall adhere to all deadlines related to this case, as
follows;
DATE DEADLINE
PLAINTIFF'S PLEADINGS. All amendments and
supplementation to the pleadings of any party seeking
1, November 7, 2014 affirmative relief must be served by this date. This is also
the deadline for those parties to join additional parties to the
lawsuit.
DEFENDANT'S PLEADINGS. All amendments and
supplementation to any Defendant's pleadings must be
2. November 21, 2014
served by this date. This is also the deadline for those parties
to join additional parties to this lawsuit.
MEDIATION. The Parties must mediate this case and the
3. December 19, 2014
Mediation must be complete by this date.
2060406v.1 005101/106034
EXPERT WITNESS DESIGNATIONS OF PLAINTIFF
shall be served by this date. The designation shall include
4. December 5, 2014
the information listed in TRCP 194.2(f) and 195.2 for all
retained and testifying experts.
EXPERT WITNESS DESIGNATIONS OF DEFENDANT
shall be served by this date. The designation shall include
5. December 19, 2014
the information listed in Rule 194.2(f) TRCP for all retained
and testifying experts.
6. January 6, 2015 EXPERT CHALLENGES shall be on file by this date.
DISCOVERY, including depositions shall be completed by
this date, Parties seeking discovery must serve requests
sufficiently far in advance of the end of the discovery period
7. February 27, 2015
so that the deadline for responding will be within the
discovery period. Counsel may conduct discovery beyond
this deadline by agreement.
DISPOSITIVE MOTIONS, All dispositive motions on file
8. March 6, 2015
by this date.
9. April 1, 2015 DOCKET CALL will be held on this date at 9:00 a.m.
10. April 6, 2015 JURY TRIAL will be held on this date at 9:00 a.m.
It is FURTHER ORDERED that the dates and times established in this Order may not be
changed unless agreed to by all parties or with permission of the Court.
SIGNED on this day of
NOV - 7 2014 2044. --
rjeltall GABRIEL
Pl
igATARRigg COUr
2060406v.] 005101/106034
AGRE FORM AND CONTENT:
By:
rye
all e
e xas it No: • 005234
B YNARD & PARSONS, L.L.P.
The Weston Centre
112 East Pecan St., Suite 2750
San Antonio, Texas 78205
(210) 582-0220 (Telephone)
(210) 582-0231 (Facsimile)
ATTORNEY FOR PLAINTIFF
LARRY LITTLE
By:
R. Gaines Griffin
Texas Bar No. 08464500
Steven M. Pella, Sr.
Texas Bar No. 00791425
S Devi Kumar
Texas Bar No. 24085421
DAVIDSON TROILO REAM & GARZA, PC
Northwest Center
7550 W. IH 10, Suite 800
San Antonio, Texas 78229
(210) 349-6484 (Telephone)
(210) 349-0041 (Facsimile)
ATTORNEY FOR DEFENDANT,
CITY OF LEON VALLEY ECONOMIC
DEVELOPMENT CORPORATION
2060406v,1 005101/106034