Becky, Ltd. v. the City of Cedar Park, Matt Powell, Stephen Thomas, Lyle Grimes, Lowell Moore, Jon Lux, and Don Tracy

ACCEPTED
03-15-00259-CV
8327874
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/21/2015 3:10:19 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00259-CV

FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS 12/21/2015 3:10:19 PM
AUSTIN JEFFREY D. KYLE
Clerk

BECKY, LTD.,
Appellant
v.
THE CITY OF CEDAR PARK, STEPHEN THOMAS, MATT POWELL, MITCH
FULLER, LYLE GRIMES, LOWELL MOORE, JON LUX, AND DON TRACY,
Appellees.

ON APPEAL FROM THE 126TH JUDICIAL
DISTRICT COURT OF TRAVIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. D-1-GN-14-001293

APPELLEES’ UNOPPOSED MOTION FOR LEAVE TO FILE RESPONSE
TO APPELLANT’S POST-SUBMISSION LETTER BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellees, City of Cedar Park, Stephen Thomas, Matt Powell, Mitch Fuller,

Lyle Grimes, Lowell Moore, Jon Lux, and Don Tracy (“Appellees”) request leave

to file their Response to Appellant Becky, Ltd.’s (“Appellant”) Post-Submission

Letter Brief, which Appellees file contemporaneously with this motion. Leave is

appropriate to allow Appellees to fully address arguments made by Appellant in its

Post-Submission Letter Brief.
 Appellees do not wish to burden this Court with post-submission filings, but

respectfully request the opportunity to respond to new arguments raised by

Appellant in the Post-Submission Letter Brief Appellant filed on December 11,

2015. Appellees’ response will be narrowly tailored to respond to Appellant’s

letter brief, and will assist the Court in the resolution of the case. Good cause

therefore exists for leave to file this Response.

The undersigned has conferred with Appellee’s counsel about this motion,

and she has indicated that she is not opposed.

WHEREFORE, Appellees request that this motion be granted, and that this

court accept their submitted Response to Appellant’s Post-Submission Letter Brief

for filing and distribution to the panel assigned to this proceeding.

Respectfully submitted,

BICKERSTAFF HEATH
DELGADO ACOSTA LLP
3711 South MoPac Expressway
Building One, Suite 300
Austin, Texas 78746
(512) 472-8021 Telephone
(512) 320-5638 Facsimile

Cobby A. Caputo
State Bar No. 03784650
ccaputo@bickerstaff.com
 By: /s/ Bradley B. Young
Bradley B. Young
State Bar No. 24028245
byoung@bickerstaff.com

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

Counsel for Appellees have conferred with Appellant’s counsel, who
indicated that Appellant is not opposed to Appellees’ Motion for Leave to File
Response to Post-Submission Brief.

/s/ Bradley B. Young
Bradley B. Young
State Bar No. 24028245
byoung@bickerstaff.com
 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing document has
been served via Efiling to all parties of record on this the 21st day of December,
2015.

Elizabeth G. Bloch
Husch Blackwell LLP
111 Congress Avenue, Suite 1400
Austin, Texas 78701-4093
(512) 472-5456
(512) 479-1101 (FAX)
Heidi.bloch@huschblackwell.com

Leonard B. Smith
P.O. Box 684633
Austin, Texas 78768
(512) 914-3732
(512) 532-6446 (FAX)
lsmith@leonardsmithlaw.com

ATTORNEYS FOR APPELLANT

/s/ Bradley B. Young
Bradley B. Young
State Bar No. 24028245
byoung@bickerstaff.com