Brian McEnery v. City of San Antonio and Chief Charles N. Hood

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ACCEPTED 04-15-00097-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/12/2015 2:14:23 PM KEITH HOTTLE CLERK NO. 04-15-00097-CV FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS SAN ANTONIO, TEXAS FOR THE FOURTH JUDICIAL DISTRICT OF 11/12/2015 TEXAS 2:14:23 PM AT SAN ANTONIO KEITH E. HOTTLE Clerk BRIAN McENERY, Appellant, v. CITY OF SAN ANTONIO AND CHIEF CHARLES N. HOOD, Appellees. ON APPEAL FROM THE 285th JUDICIAL DISTRICT COURT BEXAR COUNTY, TEXAS TRIAL COURT NO. 2011-CI-06603 THE HONORABLE JUDGE CATHLEEN STRYKER PRESIDING UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S REPLY BRIEF TO THE HONORABLE JUSTICES OF THE COURT: Under Texas Rules of Appellate Procedure 10.5(b)(1) and 38.6(d), Appellant Brian McEnery, referred to as Appellant, respectfully moves the Court to extend the time for filing Appellant’s Reply Brief. As good cause, Appellant respectfully shows the Court the following: 1. Appellees filed the Brief of Appellees on October 30, 2015. Page 1 of 5 2. Under Texas Rule of Appellate Procedure 38.6(c), Appellant’s Reply Brief is currently due on November 19, 2015. 3. Appellant requests that the Court extend the time to file Appellant’s Reply Brief twenty (20) days. A twenty (20) day extension would make Appellant’s Reply Brief due on December 9, 2015. 4. In support of the requested extension, Appellant would show that counsel for Appellant, Ronald B. Prince and Floyd Steven Contreras, have commitments during the initial briefing period that require their time and attention and interfere with preparation of Appellant’s Reply Brief by the current deadline. These commitments include the following: Extensive research and preparation for hearing concerning a request for abatement in Cause No. 2014-CI-03985, Irene Baldridge and Kathy Hill v. Art Reyna, pending in the 285th Judicial District Court in Bexar County, Texas, with the hearing set for November 13, 2015, before the 57th Civil District Court, the Honorable Judge Antonia Arteaga presiding; and Extensive preparation for trial as new trial counsel in Cause No. 2014-CI- 03115, In the Matter of the Marriage of Eric. C. Mena and Marissa Ortiz Mena and In the Interest of Miguel Carlos Mena, Ileana Isabel Mena, and Alejandro Andres Mena, Children, pending in the 285th Judicial District Court in Bexar County, Texas, with the trial set to continue on November 17, 2015, and November 18, 2015, and Page 2 of 5 expected to continue beyond those days, before the 131st Civil District Court, the Honorable Judge John Gabriel presiding. 5. This is Appellant’s first request for an extension of time to file Appellant’s Reply Brief. Appellant seeks this extension not solely for delay, but so that justice may be done. 6. As reflected in the Certificate of Conference below, counsel for Appellees indicated that she is unopposed to this motion, and counsel for Intervenor indicated that he is unopposed to this motion. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellant Brian McEnery respectfully requests that the Court grant a twenty (20) day extension of time to file Appellant’s Reply Brief, extending the time to file Appellant’s Reply Brief until December 9, 2015. Appellant further prays for such other relief to which he may be entitled. Page 3 of 5 Respectfully submitted, PRINCE CONTRERAS PLLC 417 San Pedro Avenue San Antonio, Texas 78212 Tel: (210) 227-7821 Fax: (210) 225-4469 info@princecontreras.com ATTORNEYS FOR BRIAN McENERY _/s/ Floyd Steven Contreras_____________ RONALD B. PRINCE State Bar No. 16329300 ron@princecontreras.com FLOYD STEVEN CONTRERAS State Bar No. 24075339 floyd@princecontreras.com CERTIFICATE OF CONFERENCE I certify that I conferred with Jacqueline M. Stroh, counsel for Appellees, via telephone on November 12, 2015, regarding Appellant’s Motion to Extend Time to File Appellant’s Reply Brief. Ms. Stroh indicated that she is not opposed to our request to extend time. I also certify that I conferred with Ricky J. Poole, counsel for Intervenor, via email on November 11, 2015, regarding Appellant’s Motion to Extend Time to File Appellant’s Reply Brief. Mr. Poole indicated that he is not opposed to our request to extend time. _/s/ Floyd Steven Contreras_____________ RONALD B. PRINCE FLOYD STEVEN CONTRERAS Page 4 of 5 CERTIFICATE OF SERVICE I certify that on the 12th day of November, 2015, a true and correct copy of the foregoing Appellant’s Motion to Extend Time to File Appellant’s Reply Brief was served on the following counsel of record electronically through the electronic filing manager: Ms. Jacqueline M. Stroh THE LAW OFFICE OF JACQUELINE M. STROH, P.C. 10101 Reunion Place, Suite 600 San Antonio, Texas 78216 Tel: (210) 477-7416 Fax: (210) 477-7466 jackie@strohappellate.com Attorney for Appellees Ms. Deborah Lynne Klein OFFICE OF THE CITY ATTORNEY, LITIGATION DIVISION 111 Soledad, 10th Floor San Antonio, Texas 78205 Tel: (210) 207-8919 Fax: (210) 207-4357 deborah.klein@sanantonio.gov Attorney for Appellees Mr. Mark Kosanovich FITPATRICK & KOSANOVICH, P.C. P.O. Box 831121 San Antonio, Texas 78283-1121 Tel: (210) 207-7259 Fax: (210) 207-8997 mark.kosanovich@sanantonio.gov Attorney for Appellees Mr. Ricky J. Poole LAW OFFICES OF RICKY J. POOLE The Forum Building 8000 IH-10 West, Suite 600 San Antonio, Texas 78230 Tel: (210) 525-7988 Fax: (210) 525-7987 rpoole@alamocityattorney.com Attorney for Intervenor _/s/ Floyd Steven Contreras_____________ RONALD B. PRINCE FLOYD STEVEN CONTRERAS Page 5 of 5