ACCEPTED
04-15-00469-cv
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/21/2015 10:42:09 AM
KEITH HOTTLE
CLERK
NO. 04-15-00469-CV
FILED IN
4th COURT OF APPEALS
IN THE FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS
AT SAN ANTONIO, TEXAS 10/21/2015 10:42:09 AM
KEITH E. HOTTLE
Clerk
CASH BIZ, LP, CASH ZONE, LLC
D/B/A CASH BIZ and REDWOOD FINANCIALS, LLC
Appellants.
v.
HIAWATHA HENRY, ADDIE HARRIS, MONTRAY NORRIS,
and ROOSEVELT COLEMAN, JR., on behalf of
themselves and for all other similarly situated
Appellees.
From the 224th Judicial District Court for
Bexar County, Texas, No. 2015-CI-01545
AGREED MOTION TO EXTEND TIME TO FILE
APPELLANTS’ REPLY BRIEF
Edward S. Hubbard Patrick E. Gaas
State Bar No. 10131700 State Bar No. 07562790
ehubbard@coatsrose.com pgaas@coatsrose.com
COATS, ROSE, YALE, RYMAN & LEE, P.C.
9 Greenway Plaza, Suite 1100
Houston, Texas 77046
(713) 651-0111
(713) 651-0220 Facsimile
COUNSEL FOR APPELLANTS
ORAL ARGUMENT REQUESTED
010725.000005\4829-4447-7737.v1
TO THE HONORABLE COURT OF APPEALS:
Appellants, Cash Biz, LP, Cash Zone, LLC d/b/a Cash Biz, and Redwood
Financial, LLC, joined by Appellees Hiawatha Henry, Addie Harris, Montray
Norris, and Roosevelt Coleman, Jr., present this agreed motion to extend the time
to file the Appellants’ Reply Brief and to mutually extend the deadline for filing
the Appellants’ Reply Brief under the authority of TEX. R. APP. P. 38.6(d), 10.1,
and 10.5(b)(1) and (3).
1. Appellants’ Reply Brief is due on October 26, 2015. Appellants’
counsel is requesting a 10-day extension to file Appellants’ Reply Brief to
November 4, 2015. In accordance with Rule 10.5(b)(1)(c), the following facts
reasonably explain the need for further time. Appellate Counsel for the Appellants
are involved in other time-sensitive appellate matters, including the following:
a. Appellants’ Counsel is under a pleadings deadline of October 22, 2015 in
BASF Corporation et. al. v. CB&I Contractors, Inc. FKA et. al.; in the
23rd Judicial District Court of Parish of Ascension, State of Louisiana,
Docket No. 00111524B, to revise pleadings in a complex construction
contract dispute; and
b. Appellants’ Counsel is providing legal services on a daily basis in
support of the Early Voting Supervisors, Presiding Judges, Ballot Board
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and Signature Verification Board in Harris County during early voting
and on Election Day for the November 3rd General Election.
Based on these facts, Appellants respectfully request an extension of time of 10
days to file their Reply Brief. With the extension, the Appellants’ Reply Brief
would be filed on or before November 4, 2015.
2. No previous extensions have been sought or granted regarding the
filing of the Appellants’ Reply Brief.
3. Appellants apologize to the court for any delay or inconvenience the
necessity for an extension may cause.
4. This motion is agreed to by all parties. This request is not sought for
delay, but in order that justice may be done.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Appellants, joined by the
Appellees, ask this Honorable Court to grant an extension of 10 days, until
November 4, 2015 to file the Appellants’ Reply Brief, and to grant the same
extension to the Appellees to file the Appellees’ Reply Brief; and ask that all other
briefing periods remain unchanged. Appellants and Appellees also pray for any
other relief to which they may be entitled.
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Respectfully submitted,
COATS, ROSE, YALE, RYMAN & LEE, P.C.
By: /S/ Edward S. Hubbard
Edward S. Hubbard
State Bar No. 10131700
ehubbard@coatsrose.com
Patrick E. Gaas
State Bar No. 07562790
pgass@coatsrose.com
Sam Arora
State Bar No. 24034287
sarora@coatsrose.com
9 Greenway Plaza, Suite 1100
Houston, Texas 77046-0307
(713) 651-0111
(713) 651-0220 facsimile
ATTORNEYS FOR THE APPELLANTS
HANSZEN LAPORTE
By: /S/ Daniel Dutko
Daniel Dutko
State Bar No24054206
ddutko@hanszenlaporte.com
11767 Katy Freeway, Suite 850
Houston, Texas 77079
713-522-9444
713-524-2580
ATTORNEYS FOR THE APPELLEES
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CERTIFICATE OF SERVICE
I hereby certified that a true and correct copy of the foregoing instrument has
been served upon all counsel of records, listed below, by electronic service, e-mail,
certified mail, return receipt requested, or by facsimile, or by hand delivery of
same on the 21st day of October, 2015.
Daniel Dutko
Hanszen Laporte
11767 Katy Freeway, Suite 850
Houston, Texas 77079
/S/ Edward S. Hubbard
Edward S. Hubbard
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