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