City of Pearsall v. Robert Tobias

ACCEPTED
04-15-00302-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/22/2015 9:44:07 AM
KEITH HOTTLE
CLERK

NO. 04-15-00302-CV

FILED IN
IN THE COURT OF APPEALS 4th COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 10/22/2015 9:44:07 AM
KEITH E. HOTTLE
Clerk

CITY OF PEARSALL

APPELLANT
VS.

ROBERT M. TOBIAS

APPELLEE

ON APPEAL FROM THE 218TH JUDICIAL DISTRICT COURT, FRIO COUNTY, TEXAS

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO
FILE APPELLEES’ BRIEF

TO THE HONORABLE FOURTH COURT OF APPEALS:
Appellee, Robert Tobias, respectfully presents this unopposed first
motion to extend time in which to file his Appellee’s Brief pursuant to Texas
Rule of Appellate Procedure 38.6. No previous motions for extension of time
to file the Appellee’s Brief have been filed. In support of this motion, Appellee
would show the Court as follows:

I.
 Following one extension, Appellant timely filed its principal brief on
September 25, 2015. As a result, Appellees’ Brief is currently due on
October 25, 2015. Appellee intends to file a single brief and that brief will be
drafted by the undersigned. Because of the events and matters described
more fully below, Appellee requests an extension of an additional 30 days
in which to file his Appellee’s Brief or until November 25, 2015.
II.
The requested extension is necessary because the following matters
have prevented the undersigned from completing the Appellee’s Brief and
will preclude the undersigned from doing so sooner than October 25, 2015:

1. The undersigned was required to participate in a mediation and
subsequent settlement negotiations in Washington, D.C. in the
matter of Whitney Hagopain v. Guggenheim Securities;
2. The undersigned was required to attend mediation in
Anacortes, WA, in the matter of Hyde v. Port of Anacortes;
3. The undersigned was required to participate in meetings for
Trius Retail. A company in which he serves as General Counsel;
and,
4. The undersigned was out of the office on personal matters for
two weeks in October.
For all of the reasons explained above, counsel for Appellee cannot

complete the Appellee’s Brief by its current due date of October 25, 2015,

and needs an additional 30 days in which to do so.

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 III.

On October 16th, 2015, the undersigned conferred with Albert Lopez,

counsel for Appellant. Mr. Lopez indicated that Appellant does not oppose

this motion.

WHEREFORE, PREMISES CONSIDERED, Appellee respectfully

requests that this Court grant his motion for extension of time in which to file

his Appellees’s Brief, extend the deadline in which to file the brief an

additional 30 days up to and including November 25, 2015, and grant such

other and further relief to which Appellee may be justly and equitably

entitled.


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 Respectfully submitted,

_____Reid E. Meyers________________
11118 Wurzbach Rd., Ste. 206
San Antonio, TX 78230

ATTORNEY FOR APPELLEE

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing motion
has been served on the following counsel in accordance with the Texas Rules
of Appellate Procedure, on this 22d day of October, 2015:

Albert Lopez via email/eservice
Attorney at Law

Reid E. Meyers

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