ACCEPTED
07-15-00158-CV
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
8/18/2015 12:36:29 PM
Vivian Long, Clerk
No. 07-15-00158-CV
_______________________________________________
FILED IN
7th COURT OF APPEALS
In the Court of Appeals for the AMARILLO, TEXAS
Seventh District of Texas at Amarillo 8/18/2015 12:36:29 PM
_______________________________________________ VIVIAN LONG
CLERK
CAPTAIN EDWIN SCOTT HILLBURN,
Appellant,
V.
THE CITY OF HOUSTON, TEXAS;
AND KEN PAXTON, ATTORNEY GENERAL OF TEXAS,
Appellees.
_______________________________________________
On Appeal from the 261st Judicial District Court
Travis County, Texas
Trial Court Case No. D-1-GV-13-001364
______________________________________________________________
Unopposed First Motion for Extension of Time to File
Brief of Appellee the City of Houston, Texas
______________________________________________________________
To the Honorable Seventh Court of Appeals:
Appellee, the City of Houston, Texas, respectfully moves for a 30-day
extension of time to file its Brief of Appellee, and would respectfully show as
follows:
1. The brief is due to be filed August 19, 2015.
2. Appellee respectfully requests a 30-day extension of time for filing its
brief until September 18, 2015.
3. The undersigned has recently assumed the role of lead counsel in the
appeal and, as such, has had insufficient time to familiarize himself with
the facts of the appeal or the appellate record.
4. The undersigned has a busy appellate practice, including related trial
court motions and hearings, with the City. Among other briefs and
assignments the undersigned has been, and continues to be, working on
during this briefing period are:
a. Preparing and presenting Oral Argument in Zamora v. City of
Houston, No. 14-20125 in the United States Court of Appeals for
the Fifth Circuit, presented on August 6, 2015;
b. Preparing and presenting Oral Argument (newly assigned) in
BCCA Appeal Grp., Inc. v. City of Houston, Texas, No. 13-0768 in the
Supreme Court of Texas, to be presented September 2, 2015; and
c. Respondent’s Brief on the Merits in Downstream Envtl., L.L.C. v. the
City of Houston, No. 15-0012 in the Supreme Court of Texas, due
September 15, 2015 (alternatively, status report or motion to
dismiss).
5. Appellant is not opposed to this motion.
6. No previous extensions have been granted for this brief.
7. This motion is not for delay only but so that justice may be done.
For these reasons, Appellee, the City of Houston, Texas, asks that this
Court grant it a 30-day extension of time to file its brief of Appellee, and grant
any other relief to which it is entitled.
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Respectfully submitted,
DONNA L. EDMUNDSON
City Attorney
DONALD J. FLEMING
Chief, Labor, Employment, and
Civil Rights Section
By: /s/ Robert W. Higgason
Robert W. Higgason
Senior Assistant City Attorney
State Bar No. 09590800
CITY OF HOUSTON LEGAL
DEPARTMENT
900 Bagby, 4th Floor
Houston, Texas 77002
Telephone: 832.393.6481
Facsimile: 832.393.6259
robert.higgason@houstontx.gov
Attorneys for Appellee the City of Houston,
Texas
Certificate of Conference
I hereby certify I have conferred with Appellant’s counsel and Appellant
does not oppose this motion.
/s/ Robert W. Higgason
Robert W. Higgason
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Certificate of Service
I hereby certify that on this 18th day of August, 2015, a true and correct
copy of the foregoing has been served on counsel below via e-service.
Barbara A. Hilburn
HARRIS HILBURN, L.P.
1111 Rosalie Street
Houston, Texas 77004
bhilburn@hhstxlaw.com
Attorney for Appellant
/s/ Robert W. Higgason
Robert W. Higgason
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Captain Edwin Scott Hilburn v. the City of Houston, Texas And Ken Paxton, Attorney General of Texas
Combined Opinion