ACCEPTED
03-15-00505-CV
6918209
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/14/2015 4:34:37 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00505-CV
IN THE COURT OF APPEALS
FILED IN
FOR THE THIRD SUPREME JUDICIAL DISTRICT
3rd COURT OF APPEALS
AT AUSTIN AUSTIN, TEXAS
9/14/2015 4:34:37 PM
JEFFREY D. KYLE
LAURA PRESSLEY, Clerk
APPELLANT
VS.
GREGORIO “GREG” CASAR,
APPELLEE
UNOPPOSED MOTION FOR CONSOLIDATION
& CLARIFICATION OF BRIEFING SCHEDULE
TO THE HONORABLE COURT OF APPEALS:
Now comes David Rogers, Appellant and moves this court to consolidate
the following cases: 03-15-00368-CV Laura Pressley v. Gregorio “Greg” Casar
and 03-15-00505-CV Laura Pressley v. Gregorio “Greg” Casar. The two cases
are appropriate for consolidation for the following reasons:
1. The two cases involve common questions of fact because both arise from
the same factual situation; namely, the election for the office of Austin City
Council, District 4 held on December 16, 2014 and canvassed on December 30,
2014. In addition, both cases appeal judgments from Travis County District Court
case D-1-GN-15-000374. The first appeal involves a judgment against Pressley
in the election contest, subsequently amended to include a later judgment for
sanctions against Pressley. The second appeals involves a judgment for
sanctions against Pressley’s counsel
2. Under Texas Election Code 232.015, the Court of Appeals MAY
accelerate the appeal in a contest of a general election. 03-15-00368-CV has
been denominated as an accelerated appeal by Appellant, but no order from this
Court or the trial court has been issued denominating that appeal or this appeal
or the trial as accelerated. We therefore seek clarification of the schedule, and
an order entered based on normal application of rules.
3. Judicial convenience and economy will be promoted by consolidation of
the actions. Consolidation will result in one appeal. This will save time and avoid
unnecessary costs and duplication of effort for the Appellants, the Appellees, and
this Court.
PRAYER
For these reasons, David Rogers requests that this court grant his motion
for consolidation and clarification of the scheduling order.
Respectfully submitted,
/s/ David Rogers___
David Rogers
SBN: 24014089
1201 Spyglass Drive, Suite 100
Austin, Texas 78746
(512) 923-1836
(512) 201-4082
firm@darogerslaw.com
CERTIFICATE OF CONFERENCE
Please be advised that the undersigned has conferred with opposing
counsel on September 14, 2015 regarding this motion, and the parties are
unopposed.
__/s/ David Rogers_____________
David Rogers
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing
has been served by efile and/or facsimile to the following persons on this 14th
day of September 2015.
Mark Cohen
SBN: 04508400
805 W. 10th Street, Suite 100
Austin, Texas 78701
(512) 474-4424
(512) 472-5444 fax
mark@cohenlegalservices.com
ATTORNEY FOR APPELLANT
LAURA PRESSLEY
Kurt Kuhn
SBN: 24002433
KUHN HOBBS PLLC
3307 Northland Drive, # 310
Austin, Texas 78731
(512) 476-6000
(512) 476-6002 fax
kurt@KuhnHobbs.com
Charles ‘Chuck’ Herring, Jr.
SBN: 09534100
Herring & Irwin, L.L.P
1411 West Avenue, Suite 100
Austin, Texas 78701
(512) 320-0665
(512) 519-7580 fax
cherring@herring-irwin.com
ATTORNEYS FOR APPELLEE
GREGORIO “GREG” CASAR
__/s/ David Rogers_____________
David Rogers