ACCEPTED
03-15-00259-CV
6958149
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/16/2015 3:43:39 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00259-CV FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE 9/16/2015 3:43:39 PM
THIRD COURT OF APPEALS JEFFREY D. KYLE
AUSTIN, TEXAS 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,
TRAVIS COUNTY, TEXAS
______________________________________________________________
APPELLANT’S SECOND UNOPPOSED MOTION TO
EXTEND TIME TO FILE REPLY BRIEF
______________________________________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant, Becky, Ltd., files this Second Unopposed Motion to Extend Time
to File Reply Brief and in support would respectfully show as follows:
1. Appellant’s reply brief is currently due on September 17, 2015.
2. Appellant requests an additional fourteen (14) days to file its brief,
extending the time to October 1, 2015. Appellant will not seek any further
extensions.
AUS-6166795-1 521106/1
3. Appellant needs additional time to file its brief because counsel for
Appellant has been in trial before the State Office of Hearings and Appeals in
PUCT Docket Numbers 44547 and 44649, and then preparing post-trial briefs for
same.
4. This request is not for purpose of delay, but so that justice may be
done and this Court may be fully informed of all factual and legal information
relevant to the proper disposition of this appeal.
WHEREFORE, PREMISES CONSIDERED, Appellant requests that this
Court grant its Second Unopposed Motion for Extension of Time to File Reply
Brief on or before October 1, 2015.
Respectfully submitted,
HUSCH BLACKWELL LLP
By /s/ Elizabeth G. Bloch
ELIZABETH G. BLOCH
State Bar No. 02495500
Heidi.bloch@huschblackwell.com
111 Congress Avenue, Suite 1400
Austin, Texas 78701-4093
(512) 472-5456 (Telephone)
(512) 479-1101 (Facsimile)
Leonard B. Smith
State Bar No. 18643100
lsmith@leonardsmithlaw.com
P.O. Box 684633
Austin, Texas 78768
(512) 914-3732 (Telephone)
(512) 532-6446 (Facsimile)
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ATTORNEYS FOR APPELLANT
CERTIFICATE OF CONFERENCE
The undersigned certifies that she has consulted via email with counsel for
Appellees the City of Cedar Park and the individual Appellees, and they have
indicated that they do not oppose this motion.
/s/ Elizabeth G. Bloch
ELIZABETH G. BLOCH
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document
was served on the 16h day of September, 2015, via the Court’s electronic filing
system and/or email to the following counsel of record:
Cobby Caputo
ccaputo@bickerstaff.com
Bradley B. Young
byoung@bickerstaff.com
Bickerstaff Heath Delgado Acosta LLP
3711 South MoPac Expressway
Building One, Suite 300
Austin, Texas 78746
/s/ Elizabeth G. Bloch
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Becky, Ltd. v. the City of Cedar Park, Matt Powell, Stephen Thomas, Lyle Grimes, Lowell Moore, Jon Lux, and Don Tracy
Combined Opinion