ACCEPTED
03-15-00505-CV
8070990
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/3/2015 11:45:32 AM
JEFFREY D. KYLE
CLERK
IN THE
THIRD COURT OF APPEALS
AUSTIN, TEXAS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
_______________________________________
12/3/2015 11:45:32 AM
JEFFREY D. KYLE
No. 03-15-00368-CV Clerk
Laura Pressley,
Appellant,
v.
Gregorio “Greg” Casar,
Appellee.
_______________________________________
No. 03-15-00505-CV
David Rogers,
Appellant,
v.
Gregorio “Greg” Casar,
Appellee.
_______________________________________
MOTION TO EXTEND TIME
TO FILE APPELLEE’S BRIEFS
_______________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
The deadlines to file Appellee’s briefs in both of the above-styled appeals run
from the filing of the Appellant’s brief in No. 03-15-00505-CV. Appellant David
Rogers filed his brief in No. 03-15-505-CV on October 27, 2015, and Appellee’s
briefs for both appeals currently are due on December 16, 2015. Pursuant to Rule
10.5(b) and Rule 38.6 of the Texas Rules of Appellate Procedure, Appellee files this
motion and asks for a thirty (30) day extension of time by which to file his briefs.
Granting this motion would make the briefs due on January 15, 2016.
This request is not made for the purpose of delay, but instead is necessary to
allow Appellee’s appellate counsel, Kurt Kuhn, adequate time to properly prepare the
briefs. Appellants have filed separate briefs in these consolidated appeals, which
combined amount to 86 pages of briefing and hundreds of pages more in
attachments. The records in these cases total almost 14,000 pages. Appellants have
purported to raise at least 14 different issues for review. Mr. Kuhn was not primary
counsel in the trial court and needs additional time to familiarize himself with the
entire record and all of the issues briefed. Mr. Kuhn also has several other matters
that have and continue to consume his docket, including:
• Preparing a petition for review in No. 15-0725, Debra Hren v. Recruiting
Partners GP, Inc. d/b/a Kinney Recruiting, Inc., due on December 4, 2015.
• Preparing an amicus brief in No. 15-0523; ACE Cash Express, Inc. v. The
City of Denton, Texas; in the Texas Supreme Court;
• Preparing an amicus brief in No. 14-0743; Southwest Royalties, Inc. v. Hegar;
Supreme Court of Texas; and
• Preparing a Reply in Support of Petition for Review in No. 15-0504;
Arbor Windsor Court, Ltd., v. Weekley Homes, L.P.; Supreme Court of
Texas.
Finally, Appellee’s counsel has prior family and community commitments over the
Christmas holiday season. Appellee’s counsel needs the full 30-day extension sought
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in this motion because any lesser extension would make it difficult to fully review and
brief all of the issues raised.
This is the second extension requested by Appellee. Appellant Pressley’s
counsel, Mark Cohen, previously sought three separate extensions of time for filing
Pressley’s brief in this appeal—two of which were granted and one of which was
returned as premature. Appellant David Rogers previously sought one additional
extension of time. Appellee’s counsel did not oppose any of the four extensions
sought by Appellants. At the time Appellants received their multiple extensions,
Appellee’s counsel told opposing counsel that the extensions Appellants sought
would likely make necessary both extensions sought by Appellee because of prior
existing work conflicts. Opposing counsel indicated that they understood and never
raised any prior opposition to Appellee seeking the relief sought in this motion. In
fact, before Pressley’s counsel, Mr. Cohen, filed his third motion for extension of
time, in conferring with opposing counsel Cohen expressly stated that he would
“extend similar courtesies if requested.” Mr. Cohen’s email stated:
I need to impose on your good graces one more time. I underestimated
the time I needed for the last extension and I am requesting one more
extension until September 18. Attached is the Motion I want to file . [sic]
I need to know if you are opposed to granting it as soon as possible [sic]
Thanks again and of course I will extend similar courtesies if requested.1
1
A true and correct copy of Cohen’s Sept. 2, 2015 email, as well as Appellee’s counsel’s response, is
attached as Tab A.
3
Again, Appellee’s counsel did not oppose the extension that Appellant Pressley
sought for her own briefing deadline.
In preparing to file this motion, Appellee’s counsel conferred with Appellants’
counsel. Appellant David Rogers indicated that he did not oppose the granting of the
relief sought in this motion. Appellant Pressley’s counsel, Mr. Cohen, responded that
he did not have permission to consent to it.
Neither the Court nor any party will be prejudiced by the granting of this
motion. This extension is not sought for the purposes of delay, but to allow
Appellee’s counsel adequate time to fully brief the issues for the Court. Through this
lawsuit, Pressley does not seek simply to void the true and fair results of one particular
election without any evidence to raise any question as to the outcome of the voting.
Instead, Pressley’s lawsuit also seeks an improper holding that would call into
question and open up to litigation the results of every election that incorporates
electronic voting, absent any sign or evidence that the results were not true and
correct. Appellee’s counsel needs the 30-day extension sought to properly and fully
brief this important case for the Court’s review.
Prayer
For these reasons, Appellee asks for an additional thirty (30) days to file his
briefs, extending the time until January 15, 2016.
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Dated: December 3, 2015 Respectfully submitted,
By:/s/Kurt Kuhn
Charles Herring, Jr. Kurt Kuhn
State Bar No. 09534100 State Bar No. 24002433
cherring@herring-irwin.com kurt@kuhnhobbs.com
Lauren Ross Lisa Bowlin Hobbs
State Bar No. 24092001 State Bar No. 24026905
laurenbross@herring-irwin.com lisa@kuhnhobbs.com
HERRING & PANZER, L.L.P. KUHN HOBBS PLLC
1411 West Avenue, Suite 100 3307 Northland Drive, Suite 310
Austin, Texas 78701 Austin, Texas 78731-4946
(512) 320-0665 (512) 476-6005
(512) 519-7580 (fax) (512) 476-6002 (fax)
Jessica Palvino
State Bar No. 24048780
jpalvino@mcginnislaw.com
MCGINNIS, LOCHRIDGE & KILGORE, LLP
600 Congress Avenue, Suite 2100
Austin, Texas 78701
(512) 495-6079
(512) 505-6379 (fax)
Counsel for Appellee
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CERTIFICATE OF CONFERENCE
Pursuant to Texas Rule of Appellate Procedure 10.1, I hereby certify that I
conferred with Appellant David Rogers and counsel for Appellant Laura Pressley,
Mark Cohen, regarding this motion. Mr. Rogers indicated that he was unopposed to
the granting of the relief sought in this motion. Mr. Cohen responded that he did not
have permission to consent to it.
/s/ Kurt Kuhn
Kurt Kuhn
CERTIFICATE OF SERVICE
I hereby certify that, on December 3, 2015, I served electronically a copy of this
motion on counsel of record as listed below:
Mark Cohen
805 West 10th Street, Suite 100
Austin, Texas 78701
mark@cohenlegalservices.com
David Rogers
Law Office of David Rogers
1201 Spyglass Suite 100
Austin, TX 78746
Firm@DARogerslaw.com
/s/ Kurt Kuhn
Kurt Kuhn
6
Tab A
Kurt Kuhn
From: Kurt Kuhn
Sent: Wednesday, September 02, 2015 11 :25 AM
To: 'Mark Cohen'
Subject: RE: pressley/Casar
No problem, I don't opp ose.
KtutKuhn
3307 Northland Drive, Suite 310 I Au stin, T exas 78731
512.476.6005 direct I 512.476.6002 fax
Kurt@KuhnHobbs.com I www.KuhnHobbs.com
I
~t~ ·
· r.:, ' · u H .N·. .,,
K
:iI l .HOBBS h
•.... ·· ... 1r
APPS.At..S ANO AOVANCEO MOTIONS
From: Mark Cohen [mailto:mark@cohenlegalservices.com]
Sent: Wednesday, September 02, 2015 11 :19 AM
To: 'Kurt Kuhn ' (Kurt@KuhnHobbs.com)
Subject: pressley/Casar
I need to impose on your good graces one more time. I underestimated the time I needed for the last extension and I am
requesting one more extension until September 18. Attached is the Motion I want to file . I need to know if you are
opposed to granting it as soon as possible
Thanks again and of course I w ill extend similar courtesies if requested.
Mark Cohen
805 W. 10th Street, Suite 100
Austin, Tx. 78701
512-47 4-4424
512-472-5444 (f)
Mark@cohenlegalservices.com
www.CohenLegal Services.com
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