ACCEPTED
03-13-00196-CV
4835220
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/9/2015 5:42:41 PM
JEFFREY D. KYLE
CLERK
No. 03-13-00196-CV FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
THIRD COURT OF APPEALS
4/9/2015 5:42:41 PM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
MICHELLE BUBNIS, Appellant
V.
LEANDER I.S.D., Appellee
On Review from the 126th District Court of Travis County
Cause No. D-1-GV-09-001868, the Honorable Tim Sulak Presiding
APPELLANT'S UNOPPOSED MOTION TO EXTEND TIME
TO FILE A MOTION FOR REHEARING
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Appellant, Michelle Bubnis, respectfully asks this Honorable Court to
extend the time to file Appellant’s Motion for Rehearing.
A. Introduction
1. The Appellant is Michelle Bubnis, an injured school teacher and former citizen
of Texas who resided in the Travis County, Texas at the time of her accident;
and the Respondent is the Leander Independent School District, a political
subdivision treated as a workers’ compensation insurance carrier in Texas.
2. This Court issued its decision on March 25, 2015.
1
Case No. 03-13-00196-CV Appellant’s Motion to Extend Time to File Motion for Rehearing
3. This motion is filed on April 9, 2015, the current due date and within the
time to file a motion to extend time, as required by Texas Rules of Appellate
Procedure including Rule 49.8
4. Lead counsel for Respondent is unopposed to this motion.
B. Argument & Authorities
5. This Court has authority under Rule 49.8 to grant Appellant additional
time to file Appellant’s Motion for Rehearing
6. This matter is a pro bono appeal.
7. This Court issued its decision on March 25, 2015, and this makes the
rehearing due on April 9, 2015.
8. Appellant requests an additional 30 days from April 9, 2015 to file the
Appellant’s Brief, extending the time until Saturday, May 9, 2015, which would
extend the due date until Monday May 11, 2015.
9. One previous unopposed extension has been granted to extend time to
file the Appellant’s Brief, and Appellee is unopposed to this extensions.
10. Appellant needs additional time to file the Appellant’s Brief because:
a. Counsel for Appellant has been involved with other judicial and
administrative proceedings in the last month and continuing into the next.
Appellant’s counsel has also had previously set family and children’s
2
Case No. 03-13-00196-CV Appellant’s Motion to Extend Time to File Motion for Rehearing
educational and extracurricular commitments in the last month and extending
into this month. Appellant’s counsel is of counsel to a very small law firm, and
counsel has had an extremely heavy workload with prior deadlines and
hearings. Included in the previous and future commitments of Appellant’s
counsel, counsel had oral argument before this Court on March 25, 2015 in
Case No. 03-14-00012-CV. Counsel had oral argument before the Texas
Supreme Court on March 26, 2015 in Case No. 14-0272. Counsel file a Reply
Brief before the 5th Court of Appeals on April 2, 2015. Counsel has a Motion
for Rehearing due on April 13, 2015, in Case 14-0256. Counsel has an
Appellant’s Brief due on April 23, 2015 in Case No. 05-15-00195-CV before the
5th Court of Appeals. Appellant’s counsel is also currently lead counsel of
record in District Court matters in Travis County, Harris County, Edinburgh
County, Rockwall County, Martin County and other counties.
b. Because the Appellant’s Motion for Rehearing is currently due on April
9, 2015, and for the reasons contained herein, Appellant is filing this Motion to
Extend Time to File the Appellant’s Motion for Rehearing.
c. To be able to file the succinctly and adequately file the Appellant’s
Motion for Rehearing in this significant workers’ compensation matter an
additional 30 days is requested, and not additional extensions are anticipated.
3
Case No. 03-13-00196-CV Appellant’s Motion to Extend Time to File Motion for Rehearing
C. Conclusion
This unopposed motion to extend time to file Appellant’s Motion for
Rehearing is not for the purposes of delay but for time for adequate and
succinct briefing and more time to review the record and this Court’s opininon
and to address properly this critical workers’ compensation matter.
D. Prayer
12. For these reasons, Appellant respectfully prays and asks the Court to
grant an extension of time of 30 days, plus one two day, until Monday, May 11,
2015, to file the Appellant’s Brief.
Respectfully,
/s/ Brad McClellan
Bradley Dean McClellan
State Bar No. 13395980
1701 Directors Blvd., Suite 110
Austin, Texas 78744
(512) 327-6884 telephone
(512) 327-8354 facsimile
Brad.McClellan@yahoo.com
Attorney for Appellant, Michelle
Bubnis
CERTIFICATE OF CONFERENCE
I certify that I have conferred with Michael Donovan, lead counsel for Appellee by
email, and he is unopposed to the Appellant’s Motion to Extend Time to file a
Motion for Rehearing.
/s/ Brad McClellan
Bradley Dean McClellan
4
Case No. 03-13-00196-CV Appellant’s Motion to Extend Time to File Motion for Rehearing
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Appellant’s Motion to Extend Time to
File was served on the through counsel of record by the method indicated below on
April 9, 2015:
Michael J. Donovan VIA efiling
mdonovan@bajb.com
Burns Anderson Jury & Brenner, L.L.P.
P.O. Box 26300
Austin, Texas 78755-6300
512-338-5322
512-338-5363 fax
/s/ Brad McClellan
Brad McClellan
5
Case No. 03-13-00196-CV Appellant’s Motion to Extend Time to File Motion for Rehearing