ACCEPTED
04-15-00155-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
6/24/2015 5:29:57 PM
KEITH HOTTLE
CLERK
NO. 04-15-00155-CV
IN THE COURT OF APPEALS
FILED IN
FOURTH DISTRICT OF TEXAS 4th COURT OF APPEALS
SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS
06/24/2015 5:29:57 PM
KEITH E. HOTTLE
Clerk
BEXAR COUNTY HOSPITAL DISTRICT d/b/a
UNIVERSITY HEALTH SYSTEM,
Appellant,
V.
PAUL DOUGLAS HARLAN,
Appellee.
FIRST MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE’S BRIEF
Paul Saputo
State Bar No. 24083792
The SAPUTO LAW FIRM
2050 N. Stemmons Freeway
Mail Unit 310
Dallas, TX 75207
Tel. (888) 239-9305
Fax (888) 236-2516
Email paul@saputo-law.com
TO THE HONORABLE FOURTH COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.5 and 38.6(d), the Appellee, Paul Douglas Harlan,
files this First Motion to Extend Time to File Appellee’s Brief.
Appellee’s opening brief was currently due, by order of this Court, on June 15,
2015.
Counsel for Appellee requests a 30-day extension of time to file its brief, making
the brief due on July 15, 2015. This is the first request for extension of time to file the
reply brief.
Counsel for Appellee relies on the following reasons, in addition to the routine
matters that counsel must attend to in daily practice, to explain the need for the requested
extension:
Counsel for Appellee has had primary responsibility in several criminal
cases which have been recently scheduled for trial, and Counsel’s attention
has been diverted to handling trials of these serious offenses. On the very
day that the reply brief was due, Counsel was in the 204th Judicial District
Court in Dallas representing a client facing an aggravated sexual assault of a
child under six years old. Prior to that trial in both May and June, Counsel
had an unusually time-consuming string of jury trials for felony and
misdemeanor cases.
Counsel has recently added staff and made certain firm information
technology upgrades, which taken together have caused some emails to be
diverted from counsel’s attention.
Counsel for Appellee seeks this extension of time to be able to prepare a cogent
and succinct brief to aid this Court in its analysis of the issues presented. This request is
not sought for delay but so that justice may be done.
The undersigned has been unable to confer with opposing counsel because she is
out of town conducting depositions.
All facts recited in this motion are within the personal knowledge of the counsel
signing this motion, therefore no verification is necessary under Rule of Appellate
Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellee requests that this Court grant this First
Motion to Extend Time to File Appellee’s Brief and extend the Deadline for Filing the
Appellee’s Brief up to and including July 15, 2015.
Respectfully submitted,
The SAPUTO LAW FIRM
/s/ Paul Saputo
Paul Saputo
Texas Bar No. 24083792
2050 N. Stemmons Freeway
Mail Unit 310
Dallas, TX 75207
Tel. (888) 239-9305
Fax (888) 236-2516
Email paul@saputo-law.com
COUNSEL FOR APPELLEE
CERTIFICATE OF CONFERENCE
I certify that I attempted to confer with counsel for Appellant regarding this motion
and that Appellee was unable to contact her.
/s/ Paul Saputo
Paul Saputo
CERTIFICATE OF SERVICE
I certify that on June 24, 2015, a correct copy of the above and foregoing has been
forwarded to:
VIA ELECTRONIC FILING SERVICE
Laura Cavaretta
CAVARETTA, KATONA & LEIGHNER, PLLC
One Riverwalk Place
700 N. St. Mary’s Street, Suite 1500
San Antonio, Texas 78205
Telephone: (210) 588-2901
Facsimile: (210) 588-2908
e-mail: cavaretta@ckf-law.com
Counsel for Appellant
/s/ Paul Saputo
Paul Saputo