Rosendo Morales v. Texas Department of Insurance-Division of Workers' Compensation, and Commissioner Ryan Brannan, in His Official Capacity

ACCEPTED
03-14-00808-CV
5048460
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/27/2015 3:19:26 PM
JEFFREY D. KYLE
CLERK

No. 03-14-00808-CV FILED IN
IN THE 3RD COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
AUSTIN, TEXAS 4/27/2015 3:19:26 PM
JEFFREY D. KYLE
Clerk

Rosendo Morales, Appellant

V.

Texas Department of Insurance-Division of Workers’
Compensation and Commissioner Ryan Brannan, in his official
capacity, Appellees

On appeal from the 146th District Court of Bell County, Texas;
Cause No. 269,135-B, the Honorable Jack Weldon Jones
Presiding

APPELLANT'S UNOPPOSED MOTION TO EXTEND TIME
TO FILE APPELLANT’S BRIEF

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Appellant, Rosendo Morales respectfully asks this Honorable Court to

extend the time to file Appellant’s Brief by 30 days plus two weekend days

and a holiday.

A. Introduction

1. The Appellant is Rosendo Morales, a citizen of Texas and injured worker

under the Texas Workers’ Compensation Act; and the Appellees are the Texas

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Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief
Department of Insurance-Division of Workers' Compensation and

Commissioner Ryan Brannan, in his official capacity, and are the state agency

and head of the agency and collectively referred to as TDI-DWC.

2. This is an interlocutory appeal of the granting of a governmental entities

plea to the jurisdiction.

3. The current deadline for Appellant’s brief is April 27, 2015.

4. This motion is filed on April 27, 2015, the current due date and within the

time to file a motion to extend time, as required by Texas Rules of Appellate

Procedure including Rule 38.6.

5. Lead counsel for Appellees, TDI-DWC, is unopposed to this motion.

B. Argument & Authorities

6. This Court has authority under the Texas Rules of Appellate Procedure

including Rule 38.6 to grant Appellant additional time to file Appellant’s Brief.

7. Appellant requests an additional 30 days from April 27, 2015 to file the

Appellant’s Brief, extending the time until Wednesday, May 27, 2015.

8. No prior extensions to extend time to file the Appellant’s Brief have

been granted, and the governmental entities, TDI-DWC Appellees are

unopposed to this extension.

9. Appellant needs additional time to file the Appellant’s Brief because:

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Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief
a. Counsel for Appellant has been involved with other judicial and

administrative proceedings in the last month and continuing into the next.

Appellant’s counsel has also had previously set family and children’s

educational and extracurricular commitments in the last month and extending

into this month. Appellant’s counsel is of counsel to a very small law firm, and

counsel has had an extremely heavy workload with prior deadlines and

hearings. Counsel had oral argument before the Texas Supreme Court on

March 26, 2015 in Case No. 14-0272. Counsel filed a Reply Brief before the 5th

Court of Appeals 05-14-00892-CV on April 2, 2015. Counsel filed a Motion for

Rehearing on April 13, 2015, in Case 14-0256 before the Texas Supreme

Court. Counsel has a reply brief due on May 13, 2015 in Case 01-14-00508-CV

before the 1st Court of Appeals. Appellant’s Counsel also has a motion for

rehearing due on May 11, 2015 before the 3rd Court of Appeals in Case No. 03-

13-00196-CV. Appellant’s counsel is also currently lead counsel of record in

District Court matters in Travis County, Harris County, Nueces County,

Edinburgh County, Rockwall County, and other counties.

b. For the reasons contained herein, Appellant is filing this Motion to

Extend Time to File the Appellant’s Motion Brief.

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Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief
c. To be able to file the succinctly and adequately file the Appellant’s Brief

in this significant workers’ compensation matter an additional 30 days is

requested.

C. Conclusion

This motion to extend time to file Appellant’s Brief is not for the purposes of

delay but for time for adequate and succinct briefing and more time to review

the record in this critical workers’ compensation matter.

D. Prayer

12. For these reasons, Appellant respectfully prays and asks the Court to

grant an extension of time of 30 days, until Wednesday, May 27, 2015, to file

the Appellant’s Brief.

Respectfully,

/s/ Brad McClellan
Bradley Dean McClellan
State Bar No. 13395980
1701 Directors Blvd., Suite 110
Austin, Texas 78744
(512) 327-6884 telephone
(512) 327-8354 facsimile
Brad.McClellan@yahoo.com
Attorney for Appellant

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Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief
 CERTIFICATE OF CONFERENCE

I certify that I have conferred with Adrienne Butcher, lead counsel for
Appellees, TDI-DWC, by email, and she is unopposed to the Appellant’s Motion
to Extend Time.
/s/ Brad McClellan
Bradley Dean McClellan

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Appellant’s Motion to Extend Time
was served on the through counsel of record by the method indicated below
on April 27, 2015:

Adrienne Butcher, Assistant Attorney Via eservice and email
General
adrienne.butcher@texasattorneygeneral.gov
Administrative Law Division
Office of the Attorney General of Texas
P.O. Box 12548 (MC-018), Capital Station
Austin, Texas 78711-2548
512-475-4208
Facsimile: (512) 320-0167
Attorney for TDI-DWC Appellants

/s/ Brad McClellan
Brad McClellan

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Case No. 03-14-00808-CV Appellant’s Motion to Extend Time to File Brief