ACCEPTED
01-15-00631-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/20/2015 2:09:42 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00631-CV
IN THE FIRST COURT OF APPEALS
HOUSTON, TEXAS FILED IN
_____________________________________ 1st COURT OF APPEALS
HOUSTON, TEXAS
11/20/2015 2:09:42 PM
Peter J. Paske, Jr.,
CHRISTOPHER A. PRINE
Clerk
Appellant,
v.
Joel Fitzgerald, Individually and in his Official Capacity as the Chief of Police of
Missouri City, Texas and The City of Missouri City, Texas,
Appellees.
______________________________________
On Appeal from the 240th Judicial District Court
of Fort Bend County, Texas
Trial Court No. 12-DCV-200899
______________________________________
APPELLEES’ UNOPPOSED MOTION TO EXTEND TIME TO FILE A BRIEF
______________________________________
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellees, pursuant to Tex. R. App. P. 38.6(d) and 10.5(b), request this Court to
extend time to file a brief:
1. The 240th District Court of Fort Bend County, Texas, signed an order
granting Appellees’ motion for summary judgment and plea to jurisdiction on June 22,
2015.
2. Appellant filed a notice of appeal on July 21, 2015.
3. Appellant filed an unopposed motion to extend time to file Appellant’s
Brief, which this Court granted. Appellant filed his Brief on October 26, 2015.
4. This is Appellees’ first request for extension of time to file a brief and
Appellees requests a twenty (20) day extension of time in which to place a brief in the
mail, up to and including December 15, 2015.
5. The undersigned counsel has responsibility for preparation of the brief on
appeal. The undersigned counsel has been unable to complete the brief by the due date
due to his involvement in the following matters, which also support the request for an
additional 20 days to file the brief. These matters are within the personal knowledge of
the undersigned, therefore no verification is necessary. TEX. R. APP. P. 10.2.:
October 19, 2015, and before, prepare Response to Petition for Writ of
Certiorari – Paske v. Missouri City, Texas, Case No. 15-162, Supreme
Court of the United States
October 19, 2015, and before, prepare Answer to Second Amended
Complaint – Covington v. Madisonville, Texas, Case No. 4:13-cv-03300,
United States District Court, Southern District of Texas
October 21, 2015, and before, prepare and file dispositive motions in
accordance with deadline in docket control order – Carabajal v. Cheyenne,
Wyoming, Case No. 2:14-cv-00188, United States District Court, District of
Wyoming
October 23, 2015, and before, prepare Petition for Rehearing en banc –
Cole v. Sachse, Texas, Case No. 14-10228, Fifth Circuit, U.S. Court of
Appeals
October 26, 2015 – Prepare for and attend deposition (Denver, CO) –
Carabajal v. Cheyenne, Wyoming, Case No. 2:14-cv-00188, United States
District Court, District of Wyoming
October 27, 2015, and before, prepare for and present oral Argument in
court of appeals (Houston, TX) – Horn v. City of Friendswood, Case No.
01-15-00436-CV, First Court of Appeals, Houston, Texas
October 27, 2015 – Prepare for and attend hearing (Austin, TX) – Crisp v.
Williamson County, Case No. 1:15-cv-00431, United States District Court,
Western District of Texas
October 28, 2015 – Prepare for and attend hearing (Sherman, TX) – Tuck v.
Texoma Community Center, Case No. CV-15-1150, 15th Judicial District of
Grayson County, Texas
October 29, 2015 – Prepare for and attend deposition (Houston, TX) –
McCarty v. Southside Place, Case No. 4:15-cv-01214, United States
District Court, Southern District of Texas
October 30, 2015, and before, prepare for and participate in hearing
(Cheyenne, WY) – Carabajal v. Cheyenne, Wyoming, Case No. 2:14-cv-
00188, United States District Court, District of Wyoming
November 2, 2015 – Prepare for and attend hearing (Houston, TX) – Lara
v. Hempstead, Texas, Case No. 2015-19223, 165th Judicial District of
Harris County, Texas
November 5, 2015 – Prepare for and attend hearing (Houston, TX) – Moss
v. Harris County Constable Precinct One, Case No. 4:14-cv-02180, United
States District Court, Southern District of Texas
November 10, 2015 – Prepare for and attend hearing (Houston, TX) – Bates
v. Adams, Case No. 4:15-cv-2124, United States District Court, Southern
District of Texas
November 13, 2015 – Prepare for and attend hearing (Houston, Texas) –
Stephen McCarty v. Southside Place; Case No. 4:15-cv-01214; United
States District Court, Southern District of Texas
November 13, 2015 – Prepare for and attend hearing (Houston, Texas) – J.
Mike Amerson v. Williams Morgan, P.C., et al; 269th Judicial District Court
of Harris County, Texas
November 18, 2015, and before, prepare for and participate in hearing
(Cheyenne, WY) – Carabajal v. Cheyenne, Wyoming, Case No. 2:14-cv-
00188, United States District Court, District of Wyoming
November 20, 2015, and before, prepare for and attend mediation (San
Francisco, CA) – Case No. C 15-01637 MEJ; Switch, LLC v. Ixmation, Inc.;
In the United States District Court, Northern District of California, San
Francisco Division
Appellees’ counsel has conferred with Appellant’s counsel, and Appellant does
not oppose the relief sought in this motion.
For the above reasons, Appellees request this court grant a twenty (20) day
extension of time to file a brief, up to and including December 15, 2015.
Respectfully submitted,
CHAMBERLAIN, HRDLICKA, WHITE,
WILLIAMS & AUGHTRY
By: /s/ William S. Helfand
WILLIAM S. HELFAND
Attorney-in-Charge
SBOT # 09388250
Bill.helfand@chamberlainlaw.com
Norman Ray Giles
SBOT # 24014084
Norman.giles@chamberlainlaw.com
1200 Smith Street, Suite 1400
Houston, Texas 77002-4401
(713) 654-9630
(713) 658-2553 (Fax)
ATTORNEYS FOR APPELLEES
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Appellees’
Unopposed Motion to Enlarge Time to File Brief has been forwarded to all parties
of record herein, in accordance with the District's ECF service rules, on this 20th
day of November 2015, as follows:
Margaret Harris
Paul Harris
Butler & Harris
1007 Heights Boulevard
Houston, Texas 77008
Fax (888) 370-5038
/s/William S. Helfand