ACCEPTED
03-15-00591-CV
8425003
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/31/2015 2:08:01 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00591-CV
FILED IN
3rd COURT OF APPEALS
In the Third Court of Appeals AUSTIN, TEXAS
Austin, Texas 12/31/2015 2:08:01 PM
JEFFREY D. KYLE
Clerk
THE CITY OF AUSTIN FIREFIGHTERS AND POLICE OFFICERS’ CIVIL
SERVICE COMMISSION, DIRECTOR MARK WASHINGTON, CHIEF
ARTURO ACEVEDO AND THE CITY OF AUSTIN, TEXAS
Defendants – Appellants
v.
WILLIAM M. STEWART
Plaintiff - Appellee
Appeal from Cause No. D-1-GN-13-003351
98th Judicial District Court of Travis County, Texas
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S REPLY BRIEF
RESPECTFULLY SUBMITTED,
ANNE L. MORGAN, CITY ATTORNEY
MEGHAN L. RILEY, CHIEF, LITIGATION
CHRIS EDWARDS
Assistant City Attorney
State Bar No. 00789276
City of Austin-Law Department
P. O. Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-2419
Facsimile: (512) 974-1311
COUNSEL FOR DEFENDANT - APPELLANT
TO THE HONORABLE JUSTICES OF THIS COURT:
Appellant the City of Austin asks the Court to extend the time to file
Appellant’s Reply Brief pursuant to Rule 10.5(b), Texas Rules of Appellate
Procedure, and in support respectfully shows:
1. This motion is filed within the 15-day time period to file a motion to
extend the time to file Appellant’s Reply Brief, as required by Texas Rule of
Appellate Procedure 6.6.
2. All parties have agreed to this motion.
3. Appellant’s Reply Brief presently is due on January 4, 2016,
occasioned by one agreed extension of time to file Appellees’ Brief which was
granted.
4. This extension is necessary for Appellants due to the extension
granted Appellees which changed the briefing schedule to conflict with other
deadlines and the holidays.
5. Appellant would show that its counsel’s case load and work
requirements have been extremely heavy, along with the holidays, Appellant’s
counsel reasonably needs such an extension so that Appellant’s counsel may have
sufficient time to prepare a meaningful reply.
6. This is the first extension requested. Appellant’s counsel requires
additional time to prepare Appellant’s Reply Brief herein and therefore requests
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the same extension granted Appellees, a fifteen (15) day extension to file
Appellant’s Reply Brief on January 19, 2016.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant requests that this Court grant this
Unopposed Motion to Extend Time to file Appellant’s Reply Brief until January
19, 2016 and grant Appellant all such other relief to which it may be entitled.
RESPECTFULLY SUBMITTED,
ANNE L. MORGAN, CITY ATTORNEY
MEGHAN L. RILEY, CHIEF, LITIGATION
/s/ Chris Edwards
CHRIS EDWARDS
Assistant City Attorney
State Bar No. 00789276
Chris.edwards@austintexas.gov
City of Austin-Law Department
P. O. Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-2419
Facsimile: (512) 974-1311
COUNSEL FOR DEFENDANT - APPELLANT
CERTIFICATE OF CONFERENCE
This is to certify that I conferred with opposing counsel Matt Bachop on
December 31, 2015, who agreed to the extension.
/s/ Chris Edwards
CHRIS EDWARDS
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CERTIFICATE OF SERVICE
This is to certify that I served a copy of the foregoing on all parties, or their
attorneys of record, in compliance with the Rules of Appellate Procedure, this 31st
day of December, 2015.
B. Craig Deats
State Bar No.05703700
cdeats@ddollaw.com
Matt Bachop
State Bar No.24055127
mbachop@ddollaw.com
DEATS, DURST & OWEN, P.L.L.C.
1204 San Antonio Street, Suite 203
Austin, TX 78701
Telephone: (512) 474-6200
Facsimile: (512) 474-7896
COUNSEL FOR PLAINTIFF - APPELLEE
/s/ Chris Edwards
CHRIS EDWARDS
Counsel for Defendant – Appellant
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the City of Austin Firefighters' and Police Officers' Civil Service Commission, Mark Washington, Arturo Acevedo, and the City of Austin v. William M. Stewart
Combined Opinion