Dennis Draper, Greg Hadley, and Charles Huston v. Austin Manufacturing Services I, Inc.

ACCEPTED
03-15-00429-CV
7253761
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/6/2015 3:03:45 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00429-CV
__________________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
AUSTIN, TEXAS 10/6/2015 3:03:45 PM
JEFFREY D. KYLE
__________________________________________________________
Clerk

DENNIS DRAPER, GREG HADLEY, and CHARLES HUSTON,
Appellants,
v.
AUSTIN MANUFACTURING SERVICES, I, INC.,

Appellee.

______________________________________________________

On Appeal from No. D-1-GN-09-004416
353rd Judicial District Court, Travis County
In the 353rd
Honorable Orlinda Naranjo, Presiding
______________________________________________________

UNOPPOSED M
UNOPPOSED MOTION TOEEXTEND
OTION TO XTEND TTIME
IME TTo
OFFILE
ILE
APPELLEE’S BRIEF
APPELLEE'S BRIEF ON THE M
MERITS
ERITS
______________________________________________________

DYKEMA C
DYKEMA COX SMITH
OX SMITH

Christopher D. Kratovil
State Bar No. 24027427
Email: ckratovil@dykema.com
chatovil@dykema.com
Kristina M. Williams
State Bar No. 24078303
Email: kwilliams@dykema.com
1717 Main Street, Suite 4200
Dallas, Texas 75201
(214) 462-6400 - Telephone
(214) 462-6401 - Facsimile

COUNSEL FOR APPELLEE
 TO
TO THE HONORABLE THIRD
THE HONORABLE COURT OF
THIRD COURT APPEALS:
OF APPEALS:

Appellee Austin
Appellee Manufacturing Services,
Austin Manufacturing Services, I,
I, Inc.
Inc.("Appellee")
(“Appellee”)

respectfully
respectfullyrequests
requestsaa thirty-day
thirty-day (30)
(30) extension
extension of
of time,
time, until and
until and

through Monday, November
through Monday, November 30,
30, 2015,1
2015,1 under
under Texas
Texas Rule
Rule of
of Appellate
Appellate

Procedure 38.6(d), to
Procedure 38.6(d), to file
file Appellee’s
Appellee's Brief
Briefon
onthe
the Merits
Merits in
in this proceeding.
this proceeding.

No
No party
party opposes
opposes or
or objects
objectstotothis
thisrequest
request for
foran
an extension
extensionof
oftime. In
time. In

support of this
support of this Motion,
Motion, Appellee
Appellee shows
shows as
as follows:
follows:

I.
I.
Background
Background and
and Reasons
Reasons for
for Extension
Extension

Appellants filed
Appellants filed aa notice
notice of
of appeal
appeal on
on July
July 14, 2015. Appellants'
14, 2015. Appellants’

Brief
Brief was
was originally
originally due
due no
no later
later than September 16,
than September 16, 2015. Appellants
2015. Appellants

filed an
filed Unopposed Motion
an Unopposed Motion for
for Extension of Time
Extension of Time to file Brief
to file Brief of
of Appellants
Appellants

on September
on September 15,
15, 2015. This Court
2015. This Court granted
granted Appellants'
Appellants’ Motion,
Motion, setting
setting

the due date
the due date for
for Appellants'
Appellants’ Brief
Brief as September 23,
as September 23, 2015. Appellants filed
2015. Appellants filed

a second Unopposed
a second Unopposed Motion
Motionfor
for Extension
Extensionofof Time
Time to file Brief
to file Brief of
of

Appellants on
Appellants on September
September23,
23, 2015. This Court
2015. This Court granted
granted Appellants'
Appellants’

Motion, setting
Motion, setting the due date
the due date for
for Appellants'
Appellants’ Brief
Brief on
on September
September 30,
30, 2015.
2015.

Appellants filed
Appellants filed their Brief on
their Brief on the Merits on
the Merits on September
September 30,
30, 2015. As such,
2015. As such,

11 The thirtieth day following October 30, 2015 is Sunday, November 29, 2015. Pursuant
The thirtieth day following October 30, 2015 is Sunday, November 29, 2015. Pursuant to
Texas Rule of Appellate Procedure 4.1, if the last day of a period is a Sunday, the period extends
to the following Monday. In
In this
this case,
case, the
the following
following Monday
Monday is Monday, November 30, 2015.

1
Appellee’s Response
Appellee's ResponseBrief
Briefon
onthe
the Merits
Merits is presently due
is presently due on
on Friday,
Friday,

October
October 30,
30, 2015.
2015. See TEX. R.
See TEX. R. A PP. P.
APP. P. 38.6(b).
38.6(b).

Appellee seeks
Appellee seeks to
to extend
extend this deadline for
this deadline for their
their Brief
Brief because
because

undersigned counsel is
undersigned counsel is presently
presently scheduled
scheduled to:
to: (a)
(a) submit
submit Appellee's
Appellee’s Brief
Brief

on the
on Merits in
the Merits in the
the United
United States
States Court
Court of
of Appeals
Appeals for
for the
the Fifth
Fifth Circuit
Circuit in
in

Jeffrey
Jeffrey Baron,
Baron, et
et al.
al. v.
v. Daniel
Daniel J. Sherman, et
J. Sherman, al., Case
et al., No. 15-10341,
Case No. 15-10341, on
on

Thursday, November 5,
Thursday, November 5, 2015;
2015; (b)
(b) submit
submit an Amici Curie
an Amici Brief in
Curie Brief in United
United

States v. Ortiz
States v. by Wednesday,
Ortiz by Wednesday, November
November 11,
11, 2015,
2015, in
in the
the Supreme Court of
Supreme Court of

the United States,
the United States, at
atthe
therequest
requestof of
thethe ColoradoCongressional
Colorado Congressional

Delegation; and
Delegation; and (c)
(c) take and defend
take and defend several
several depositions
depositions in
in Weatherford
Weatherford

International, LLC v.
International, LLC v. Michael
Michael McKeachnie,
McKeachnie, et al., No.
et al., 1:15-cv-01320-MSK-
No. 1:15-cv-01320-MSK-

KLM,
KLM, pending
pendingin
in the
the United
United States District Court
States District Court for
for the
the District
District of
of

Colorado, and KLX
Colorado, and KLX Energy
Energy Services,
Services, LLC, et al.
LLC, et al. v.v.Weatherford
Weatherford

International, LLC, No.
International, LLC, 2015-34686, pending
No. 2015-34686, pendingininthe
the295th Judicial
295th Judicial

District Court,
District Court, Harris
Harris County,
County, Texas,
Texas, beginning
beginning on
on October
October 15,
15, 2015
2015 and
and

through November 25,
through November 25,2015. In order
2015. In order to
to allow
allow counsel
counsel to
to fulfill
fulfill these
these

preexisting
preexisting and substantial case
and substantial caseobligations,
obligations, Appellee
Appellee respectfully
respectfully

requests
requests aa thirty
thirty(30)
(30) day
day extension
extension of
of time
time to
to file
file it's
it’s Response
Response Brief
Brief on
on

the Merits in
the Merits in this
this matter. See T
matter. See EX. R.
TEX. R. A PP. P.
APP. P. 38.6(d).
38.6(d).

2
 II.
II.
Unopposed Request
Unopposed Request for
for Extension of Time
Extension of Time and
and Prayer
Prayer

Appellee requests
Appellee requests that the time
that the time to
to file
file their
their Response
Response Brief
Brief on
on the
the

Merits be
Merits be extended
extended thirty
thirty (30)
(30) days
days from
from October
October 30,
30, 2015,
2015, until and
until and

including Monday,
including Monday, November
November 30,
30, 2015.
2015. See TEX. R.
See TEX. R.AAPP.
PP. P.P.38.6(d).
38.6(d). This
This

relief
relief is not sought
is not sought for
for the purpose of
the purpose of delay,
delay, but
but so
so that justice may
that justice may be
be

done
done in
in the disposition of
the disposition of the
the case.
case.

For these reasons,
For these reasons, Appellee
Appellee Austin
Austin Manufacturing
Manufacturing Services,
Services, I, Inc.
I, Inc.

respectfully
respectfully requests
requests that
that the Court grant
the Court grant this
this Motion
Motion to extend the
to extend due
the due

date for the
date for the Response
Response Brief
Brief on
on the Merits in
the Merits in this
this proceeding
proceeding by
by thirty (30)
thirty (30)

days, until and
days, until and including
includingMonday,
Monday, November
November 30,
30, 2015.
2015.

Respectfully submitted,

/s/ Christopher D. Kratovil
DYKEMA
DYKEMA C COX
OX SMITH
SMITH

Christopher D. Kratovil
State Bar No. 24027427
chatovil@dykema.com
Email: ckratovil@dykema.com
Kristina M. Williams
State Bar No. 24078303
Email: kwilliams@dykema.com
1717 Main Street, Suite 4200
Dallas, Texas 75201
(214) 462-6400 - Telephone
(214) 462-6401 - Facsimile

COUNSEL FOR APPELLEE
AUSTIN MANUFACTURING
SERVICES, I, INC.

3
 CERTIFICATE OF CONFERENCE

accordance with the Texas Rules of Appellate Procedure,
In accordance Procedure, I certify that I

conferred
conferred via email with Counsel to the Appellants, Michael S. Truesdale of Law

Office of Michael S. Truesdale, PLLC, on October 6, 2015, who informed me that

oppose any of the
his clients do not oppose the relief
relief sought
sought in
in this
this Motion.
Motion. Therefore,
Therefore, this

Motion is submitted as unopposed.

Kristina M.
/s/ Kristina Williams
M Williams
Kristina M. Williams

4
 CERTIFICATE OF SERVICE

In accordance with the Texas Rules of Appellate Procedure,
Procedure, I certify that a

true and correct
true correct copy
copy of this
this UNOPPOSED
UNOPPOSED MOTION
MOTION TO
TO EXTEND
EXTEND TIME
TIME TO

FILE
FILE RESPONSE BRIEF ON
RESPONSE BRIEF ON THE
THE MERITS
MERITS was
was served
served upon
upon the
the following
following

counsel
counsel of record by regular
of record regular mail
mail and this
this Court's
Court’s electronic
electronic filing
filing system
system on

October 6, 2015:

Michael S. Truesdale
State Bar No. 00791825
Law Office of Michael S. Truesdale, PLLC
801 West Avenue, Suite 201
Austin, Texas 78701
Tel: (512) 482-8671
Fax: (866) 847-8719
mike@truesdalelaw.com

Kristina M.
/s/ Kristina Williams
M Williams
Kristina M. Williams

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