ACCEPTED
05-17-01122-cv
FIFTH COURT OF APPEALS
DALLAS, TEXAS
1/31/2018 9:07 AM
LISA MATZ
CLERK
Case No. 05-17-01122-CV
Cia Babiy § FILED IN
5th COURT OF APPEALS
§ DALLAS, TEXAS
Court of Appeals
v. § 1/31/2018 9:07:35 AM
§ LISA MATZ
Fifth District Clerk
Ramzi Morgan Kelley §
Appellant’s Unopposed Motion
for Extension of Time to File Appellant’s Brief
Appellant Cia Babiy files this Unopposed Motion for Extension of
Time to file her Appellant’s Brief and would respectfully show this Court
the following:
1. Appellant’s brief was due January 29, 2018.
2. Appellant filed her brief one day late, on January 30, 2018
3. Appellant seeks a retroactive one-day extension of her deadline.
4. Although Appellant’s undersigned counsel had every intention
of filing Appellant’s brief by the due date, attention the following matters in
the past two weeks prevented him from doing so:
¾ January 22–26, 2018: Arbitration proceeding in Josey v.
Whataburger of Mesquite, Inc., which was pending before the
American Arbitration Association as Case No. 01-17-0001-
8423;
¾ January 25, 2018: Appellant’s brief due in United States v.
Guzman, which is pending in the United States Court of
Appeals for the Fifth Circuit as Case No. 17-11034; and
¾ January 29, 2018: Petition for Review due in the Supreme Court
of Texas in Sumrow v. Teel (case number still pending).
5. This is Appellant’s second—and last—request for an extension
of her briefing deadline.
6. This motion is not made for purposes of delay, but so that
justice may be done.
Respectfully submitted,
s/ Matthew J. Kita
Matthew J. Kita
Texas Bar No. 24050883
P.O. Box 5119
Dallas, Texas 75208
(214) 699-1863
matt@mattkita.com
Counsel for Appellant
Certificate of Conference
On January 30, 2018, I corresponded via e-mail with Gregory R. Ave,
appellate counsel for Appellee, on the telephone, who represented that he is
not opposed to the relief requested in this motion.
/s/ Matthew J. Kita
Matthew J. Kita
Certificate of Service
The undersigned certifies that a copy of this brief was served on the
following counsel via e-filing in accordance with Texas Rule of Appellate
Procedure 9.5 and this Court’s Local Rules on January 31, 2018.
Counsel for Appellee:
Gregory R. Ave
Walters, Balido & Crain, LLP
10440 North Central Expressway, Suite 1500
Dallas, Texas 75231
/s/ Matthew J. Kita
Matthew J. Kita