ACCEPTED
03-15-00293-CV
8409227
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/30/2015 1:24:52 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00293-CV
______________________________________________________________________________
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS
12/30/2015 1:24:52 PM
For the Third Judicial District of Texas
JEFFREY D. KYLE
Austin, Texas Clerk
______________________________________________________________________________
BOB E. WOODY,
Plaintiff-Appellant,
v.
J. BLACK’S, LP and J. BLACK’S, GP, LLC,
Defendants-Appellees.
________________________________________________________
On Appeal from Cause No. D-1-GN-09-001436
In the 345th Judicial District Court of Travis County, Texas
The Honorable Steven Yelenosky Presiding
________________________________________________________
Appellant’s Unopposed First Motion for
Extension of Time to File Reply Brief
TO THE HONORABLE COURT OF APPEALS:
Appellant’s reply brief currently is due January 7, 2016. Pursuant to Texas
Rule of Appellate Procedure 38.6(d), appellant respectfully requests a 15-day
extension of time until January 22, 2016 to file his reply brief. This extension is
requested for the following reasons.
1
In addition to the year-end holidays, the undersigned has had primary
responsibility for the following additional commitments during December 2015:
preparing the response brief on the merits (filed December 16, 2015) on
behalf of the plaintiff-respondent Latosha A. Lewis in an insurance matter:
National Lloyds Insurance Co. v. Latosha A. Lewis, No. 15-0261 (Supreme
Court of Texas);
Preparing the response (filed December 18, 2015) to a second motion to
dismiss on behalf of the plaintiff in a federal antitrust matter: Viva Cinemas
Theaters and Entertainment LLC d/b/a Viva Cinema v. America Multi-
Cinema, Inc., No. 4:15-cv-01015 (S.D. Tex.);
preparing the response brief (currently due January 4, 2016) on behalf of
plaintiff-appellee Janice Ishee in the appeal of a state court breach of
fiduciary duty case: Ishee v. Ishee, No. 9-15-00197-CV (9th District Court
of Appeals, Beaumont, Texas);
Although the undersigned has not given these commitments priority over the current
appeal, the undersigned could not complete appellant’s reply brief in this matter by
January 7, 2016 given the deadlines in these other matters.
The undersigned has confirmed that appellees are unopposed to this motion.
No prior extensions have been previously requested or granted for appellant’s
reply brief.
Prayer
Appellant respectfully request that the Court grant him a 15-day extension of
time to file his reply brief.
2
Respectfully submitted,
/s/ Jeremy Gaston
Jeremy Gaston
Texas SBN 24012685
jgaston@hmgnc.com
HAWASH MEADE GASTON
NEESE & CICACK LLP
2118 Smith Street
Houston, Texas 77002
Telephone: (713) 658-9001
Facsimile: (713) 658-9011
Rick Gray
Texas SBN 08328300
rick.gray@graybecker.com
Gray & Becker, PC
900 West Avenue
Austin, TX 78701-2210
Telephone: 512-482-0061
Facsimile: 512-482-0924
Tom C. McCall
Texas SBN 13350300
tmccall@themccallfirm.com
David B. McCall
Texas SBN 13344500
dmccall@themccallfirm.com
The McCall Firm
3660 Stoneridge Road, Suite F-102
Austin, Texas 78746-7759
Telephone: (512) 477-4242
Facsimile: (512) 477-2271
Hector H. Cardenas, Jr.
Texas SBN 00790422
hcardenas@cardenas-law.com
THE CARDENAS LAW FIRM
3660 Stoneridge Road, Suite F-102
Austin, Texas 78746-7759
3
Telephone: (512) 477-4242
Facsimile: (512) 477-2271
Counsel for Appellant
4
Certificate of Conference
The undersigned conferred with appellees’ counsel regarding this motion, and
appellees are unopposed to the relief requested herein.
/s/ Jeremy Gaston
Jeremy Gaston
5
CERTIFICATE OF SERVICE
I certify that on December 30, 2015 a true and correct copy of the foregoing
document was served on the following counsel of record by electronic filing:
Eric J. Taube
Andrew Vickers
Hohmann, Taube & Summers, LLP
100 Congress Avenue, 18th Floor
Austin, TX 78701-4042
Counsel for J. Black’s, LP and J. Black’s, GP, LLC
Counsel for Appellees
/s/ Jeremy Gaston
Jeremy Gaston
6