Araceli Zapata D/B/A El Super, Veljaco Corp., Inc, D/B/A El Super Meat Market & Taqueria and Carmen Gloria Veljanovich v. Clear Creek Independent School District, the City of Webster, and Harris County

ACCEPTED 01-15-00346-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/2/2015 9:58:44 AM CHRISTOPHER PRINE CLERK CASE NO. 01-15-00346-CV FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST JUDICIAL DISTRICT 9/2/2015 9:58:44 AM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk ARACELLI ZAPATA D/B/A/ SUPER, ET AL, APPELLANTS VS. CLEAR CREEK INDEPENDENT SCHOOL DISTRICT, ET AL., APPELLEES On Appeal from the 165th Judicial District Court of Harris County, Texas, Trial Court No. 2013-04925 SECOND JOINT UNOPPOSED MOTION FOR 45-DAY EXTENSION OF TIME TO FILE APPELLEES’ BRIEFS TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: Pursuant to Rule 26.3, TEX. R. APP. P., Appellees Clear Creek Independent School District, the City of Webster and Harris County, file this Second Joint Unopposed Motion for 45-Day Extension to File Appellees’ Briefs, and in support thereof would respectfully show as follows. 1. This is an appeal from a final judgment in Cause No. 2013-04925, Clear Creek Independent School District, et al. v. GNM Enterprises d/b/a Super, et al.; In the 165th Judicial District Court of Harris County, Texas. 1 2. On August 11, 2015, the parties filed a joint Petition to Vacate Judgment. If the Trial Court grants the Petition then this appeal will become moot and the parties will move to dismiss this appeal. 3. The Petition was originally set for submission on August 25, 2015, but the Trial Court scheduled the Petition for oral hearing on September 30, 2015. 4. Accordingly, because Appellees’ Briefs are due on October 5, 2015, there are only two (2) business days between the oral hearing and the filing deadline. 5. For these reasons, Appellees ask the Court to grant a 45-day extension for Appellees to file their Briefs. Respectfully submitted, LINEBARGER GOGGAN BLAIR & SAMPSON, LLP By: Edward J. (Nick) Nicholas State Bar No. 14991350 4828 Loop Central Drive, Suite 600 Houston, Texas 78701 (713) 844-3405 direct phone (713) 844-3504 fax Nick.Nicholas@lgbs.com ATTORNEYS FOR THE CITY OF WEBSTER AND HARRIS COUNTY 2 PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP By: /s/ Greg East R. Gregory East State Bar No. 24001138 1235 North Loop West, Suite 600 Houston, Texas 77008 (713) 862-1860 (ext 6902) direct phone (713) 862-1429 geast@pbfcm.com ATTORNEYS FOR CLEAR CREEK INDEPENDENT SCHOOL DISTRICT CERTIFICATE OF CONFERENCE I certify that I conferred with Appellants’ counsel, Mr. Mark Aronowitz, by electronic mail and that he has agreed and is unopposed to Appellees’ Joint Unopposed Motion for 45-Day Extension to File Appellees’ Briefs. By: Edward J. (Nick) Nicholas CERTIFICATE OF SERVICE I certify that a copy of this instrument was served via electronic mail on Mr. Mark Aronowitz at markaronowitz@hotmail.com, and Mr. Greg East at geast@pbfcm.com. By: Edward J. (Nick) Nicholas 3