in Re D.O.S. and E.C., Children

ACCEPTED
10-20-00287-CV
TENTH COURT OF APPEALS
WACO, TEXAS
1/15/2021 1:22 PM
NITA WHITENER
CLERK

NO. 10-20-00287-CV

IN RE § IN THE COURT OF APPEALS
FILED IN
10th COURT OF APPEALS
§ WACO, TEXAS
D.O.S. AND E.C., § FOR THE TENTH DISTRICT
1/15/2021 1:57:00 PM
§ NITA WHITENER
Clerk
RELATORS § AT WACO, TEXAS

THIRD MOTION FOR EXTENSION OF TIME
TO FILE INTERVENORS’ RESPONSE

TO THE HONORABLE JUDGE:

NOW COMES A.L.C. and R.L.V., Intervenors, and file this their

Third Motion for Extension of Time to File Intervenors’ Response.

I. Introduction

A.L.C. and R.L.V., Intervenors, request an extension of time to file

their response. A.L.C. and R.L.V.’s response is due on January 15, 2021.

A.L.C. and R.L.V. request additional time to file their response,

extending the deadline to February 15, 2021.

II. Argument & Authorities

This Motion is filed pursuant to Texas Rules of Appellate Procedure

38.6(d), which allows the Court of Appeals to grant an extension of time

to file a response.

Since requesting the last extension, three associates have left

counsel for Intervenors’ firm, causing a drastic shift in the remaining

THIRD MOTION FOR EXTENSION OF TIME
TO FILE INTERVENORS’ RESPONSE Page 1 of 5
associates’ caseloads. Certain cases previously unknown to counsel for

Intervenors had issues that had to be addressed immediately. Therefore,

counsel for A.L.C. and R.L.V. requires additional time to prepare the

response currently due on January 15, 2021.

This extension is sought due to the need for A.L.C. and R.L.V.’s

counsel to have sufficient time to prepare for and draft this response.

Counsel for A.L.C. and R.L.V. is asking for a 31-day extension.

This is Intervenors’ third request for an extension, which counsel

for Intervenors hopes is granted generously according the 21st

Emergency Order issued by the Supreme Court of Texas on July 31, 2020.

III. Conclusion

A.L.C. and R.L.V., Intervenors, request this Court to grant a 31-day

extension of time to file their Intervenors’ Response to February 15, 2021.

IV. Prayer

WHEREFORE, PREMISES CONSIDERED, A.L.C. and R.L.V.,

Intervenors, request this Court to grant this Third Motion for Extension

of Time to File Intervenors’ Response to February 15, 2021.

THIRD MOTION FOR EXTENSION OF TIME
TO FILE INTERVENORS’ RESPONSE Page 2 of 5
 Respectfully submitted

O’NEIL WYSOCKI, P.C.
5323 Spring Valley Road, Suite 150
Dallas, Texas 75254
Tel: (972) 852-8000
Fax: (214) 306-7830

By:/s/ Karri L. Bertrand
KARRI L. BERTRAND
State Bar No. 24084826
Karri@OWLawyers.com
MICHELLE MAY O’NEIL
State Bar No. 13260900
Michelle@OWLawyers.com
Attorneys for Intervenors

CERTIFICATE OF CONFERENCE

I certify that I have conferred with J.D. Foster, Attorney for

Relators, and he is unopposed to Intervenors’ Third Motion for Extension

of Time to File Intervenors’ Response. I certify that I have conferred with

Kellie S. Price, Appellate Attorney for The Department of Family and

Protective Services, and she is opposed to Intervenors’ Third Motion for

Extension of Time to File Intervenors’ Response.

/s/ Karri L. Bertrand
KARRI L. BERTRAND
Attorney for Intervenors

THIRD MOTION FOR EXTENSION OF TIME
TO FILE INTERVENORS’ RESPONSE Page 3 of 5
 CERTIFICATE OF SERVICE

I certify that a true copy of Intervenors’ Third Motion for Extension

of Time to File Intervenors’ Response was served on the following parties

or their counsel via e-service on January 15, 2021.

Respondent: Hon. Jim Chapman
County Court at Law No. 1 Judge
Ellis County Courthouse
109 S. Jackson
Waxahachie, Texas 75165
ccl1coordinator@co.ellis.tx.us

Real Party in
Interest: Department of Family and Protective Services

Counsel for Kellie S. Price
Texas Department 2401 Ridgepoint Drive, Bldg. H-2
of Family and MC: Y-956
Protective Services: Austin, Texas 78754
Kellie.Price@dfps.state.tx.us

Counsel for
Real Party in
Interest: Ms. Stacey Auvenshine
Stacey.auvenshine@co.ellis.tx.us

Other Party: Guardian Ad Litem

Counsel for
Other Party: CASA of Ellis County
kim@casaofelliscounty.org
jennifer@casaofelliscounty.org
courtney@casaofelliscounty.org

THIRD MOTION FOR EXTENSION OF TIME
TO FILE INTERVENORS’ RESPONSE Page 4 of 5
Counsel for
Relators: Mr. J.D. Foster
jdfoster@elliscountylegal.com

Other Party: Mother of the Child – H.A. (a/k/a H.S.)

Counsel for
Other Party: Lisa Wyatt
Lisalaw08@yahoo.com

Other Party: Father of the Child – T.S.

Counsel for
Other Party: Timothy Hardesty
thardesty@hardestylawoffice.com

/s/ Karri L. Bertrand
KARRI L. BERTRAND
Attorney for Intervenors

THIRD MOTION FOR EXTENSION OF TIME
TO FILE INTERVENORS’ RESPONSE Page 5 of 5