ACCEPTED
03-15-00293-CV
6527242
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/17/2015 3:18:13 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00293-CV
______________________________________________________________________________
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS
8/17/2015 3:18:13 PM
For the Third Judicial District of Texas
JEFFREY D. KYLE
Austin, Texas Clerk
______________________________________________________________________________
BOB E. WOODY,
Plaintiff-Appellant,
v.
J. BLACK’S, LP and J. BLACK’S, GP, LLC,
Defendants-Appellees.
________________________________________________________
On Appeal from Cause No. D-1-GN-09-001436
In the 345th Judicial District Court of Travis County, Texas
The Honorable Steven Yelenosky Presiding
________________________________________________________
Appellant’s Unopposed First Motion for
Extension of Time to File Opening Brief
TO THE HONORABLE COURT OF APPEALS:
Appellant’s opening brief currently is due August 19, 2015. Pursuant to Texas
Rule of Appellate Procedure 38.6(d), appellant respectfully requests a 15-day
extension of time until September 3, 2015 to file his opening brief. This extension
is requested for the following reasons.
1
The undersigned had responsibility for the following additional commitments
during late July and August 2015:
Preparing a reply in support of a motion for rehearing (filed July 27, 2015)
for defendant-appellee in a case concerning issues under the Hague Service
Convention: Menon v. Water Splash, Inc., No. 14-14-00012-CV (Tex.
App.—Houston [14th Dist]);
Preparing a response to a motion to dismiss (due July 29, 2015) on behalf
of the plaintiff in a federal antitrust matter: Viva Cinemas Theaters and
Entertainment LLC d/b/a Viva Cinema v. America Multi-Cinema, Inc., No.
4:15-cv-01015 (S.D. Tex.);
Preparing the plaintiff’s objections to a magistrate’s memorandum and
recommendation (due July 28, 2015) in another federal antitrust matter:
Houston KP, LLC v. City of Houston, No. 4:14-CV-02928 (S.D. Tex.); and
Assisting in the preparation of a motion for summary judgment (for filing
this week) on behalf of defendant Superior Well Services, Inc. in a state
property matter: Cabot Oil & Gas Corp. v. Casedhole Solutions, Inc. et al.,
No. 2014-14786 (127th Dist. Ct., Harris County, Texas);
Although the undersigned has not given these commitments priority over the current
appeal, the undersigned could not complete appellant’s opening brief in this matter
by August 19, 2015 given the deadlines in these other matters.
The undersigned has confirmed that appellees are unopposed to this motion.
No prior extensions have been previously requested or granted.
Prayer
Appellant respectfully request that the Court grant him a 15-day extension of
time to file his opening brief.
2
Respectfully submitted,
/s/ Jeremy Gaston
Jeremy Gaston
Texas SBN 24012685
jgaston@hmgnc.com
HAWASH MEADE GASTON
NEESE & CICACK LLP
2118 Smith Street
Houston, Texas 77002
Telephone: (713) 658-9001
Facsimile: (713) 658-9011
Rick Gray
Texas SBN 08328300
rick.gray@graybecker.com
Gray & Becker, PC
900 West Avenue
Austin, TX 78701-2210
Telephone: 512-482-0061
Facsimile: 512-482-0924
Tom C. McCall
Texas SBN 13350300
tmccall@themccallfirm.com
David B. McCall
Texas SBN 13344500
dmccall@themccallfirm.com
The McCall Firm
3660 Stoneridge Road, Suite F-102
Austin, Texas 78746-7759
Telephone: (512) 477-4242
Facsimile: (512) 477-2271
Hector H. Cardenas, Jr.
Texas SBN 00790422
hcardenas@cardenas-law.com
THE CARDENAS LAW FIRM
3660 Stoneridge Road, Suite F-102
Austin, Texas 78746-7759
3
Telephone: (512) 477-4242
Facsimile: (512) 477-2271
Counsel for Appellant
4
Certificate of Conference
The undersigned conferred with appellees’ counsel regarding this motion, and
appellees are unopposed to the relief requested herein.
/s/ Jeremy Gaston
Jeremy Gaston
5
CERTIFICATE OF SERVICE
I certify that on August 17, 2015 a true and correct copy of the foregoing
document was served on the following counsel of record by electronic filing:
Eric J. Taube
Andrew Vickers
Hohmann, Taube & Summers, LLP
100 Congress Avenue, 18th Floor
Austin, TX 78701-4042
Counsel for J. Black’s, LP and J. Black’s, GP, LLC
Counsel for Appellees
/s/ Jeremy Gaston
Jeremy Gaston
6