Becky, Ltd. v. the City of Cedar Park, Matt Powell, Stephen Thomas, Lyle Grimes, Lowell Moore, Jon Lux, and Don Tracy

ACCEPTED
03-15-00259-CV
5968036
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/7/2015 4:18:57 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00259-CV

FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS 7/7/2015 4:18:57 PM
AUSTIN JEFFREY D. KYLE
Clerk

BECKY, LTD.,
Appellant
v.
THE CITY OF CEDAR PARK, STEPHEN THOMAS, MATT POWELL, MITCH
FULLER, LYLE GRIMES, LOWELL MOORE, JON LUX, AND DON TRACY,
Appellees.

ON APPEAL FROM THE 126TH JUDICIAL
DISTRICT COURT OF TRAVIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. D-1-GN-14-001293

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

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellees, City of Cedar Park, Stephen Thomas, Matt Powell, Mitch Fuller,

Lyle Grimes, Lowell Moore, Jon Lux, and Don Tracy, request this Court grant a

two-week extension of time for filing Appellees’ brief.

The current deadline for filing Appellees’ brief is July 15, 2015. Appellees

respectfully request a two-week extension to July 29, 2015. This extension request

is not opposed.
 There is good reason for filing this extension request. Appellees’ counsel

has had significant other responsibilities in other ongoing matters, including

depositions and mediation, that have made it impossible to complete by the current

deadline a brief in this case that would be helpful to the Court.

Appellees respectfully request an extension of time by two weeks to file

their brief. This is the first extension requested by Appellees. This motion is not

sought for undue delay, but so that Appellees have an adequate opportunity to

thoroughly evaluate their points and provide the Court with a proper brief, and so

that justice may be done.

PRAYER

For these reasons, Appellees respectfully request that this Honorable Court

extend Appellees deadline for filing its brief in this matter by two weeks from July

15, 2015 to July 29, 2015.

Respectfully submitted,

BICKERSTAFF HEATH
DELGADO ACOSTA LLP
3711 South MoPac Expressway
Building One, Suite 300
Austin, Texas 78746
(512) 472-8021 Telephone
(512) 320-5638 Facsimile

Cobby A. Caputo
State Bar No. 03784650
ccaputo@bickerstaff.com
 By: /s/ Bradley B. Young
Bradley B. Young
State Bar No. 24028245
byoung@bickerstaff.com

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

Counsel for Appellees have conferred with Appellant’s counsel, who
indicated that Appellant is not opposed to the two week extension requested by this
motion.

/s/ Bradley B. Young
Bradley B. Young
State Bar No. 24028245
byoung@bickerstaff.com
 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has
been served via electronic filing service provider, email, facsimile, and/or Certified
Mail Return Receipt Requested to all parties of record on this the 7th day of July,
2015.

Elizabeth G. Bloch
Husch Blackwell LLP
111 Congress Avenue, Suite 1400
Austin, Texas 78701-4093
(512) 472-5456
(512) 479-1101 (FAX)
Heidi.bloch@huschblackwell.com

Leonard B. Smith
P.O. Box 684633
Austin, Texas 78768
(512) 914-3732
(512) 532-6446 (FAX)
lsmith@leonardsmithlaw.com

ATTORNEYS FOR APPELLANT

/s/ Bradley B. Young
Bradley B. Young
State Bar No. 24028245
byoung@bickerstaff.com