ACCEPTED
03-15-00591-CV
7912629
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/19/2015 4:05:18 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00591-CV
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
IN THE COURT OF APPEALS 11/19/2015 4:05:18 PM
FOR THE THIRD JUDICIAL DISTRICT JEFFREY D. KYLE
Clerk
AT AUSTIN, TEXAS
THE CITY OF AUSTIN FIREFIGHTERS AND POLICE OFFICERS’
CIVIL SERVICE COMMISSION, DIRECTOR MARK WASHINGTON, CHIEF
ARTURO ACEVEDO, AND THE CITY OF AUSTIN, TEXAS,
Defendants/Appellants,
v.
WILLIAM M. STEWART,
Plaintiff/Appellee.
UNOPPOSED MOTION FOR EXTENSION OF DEADLINE TO FILE APPELLEE’S BRIEF
DEATS, DURST & OWEN, P.L.L.C.
1204 San Antonio Street, Suite 203
Austin, Texas 78701
(512) 474-6200
(512) 474-7896 (FAX)
B. Craig Deats
State Bar No. 05703700
cdeats@ddollaw.com
Matt Bachop
State Bar No. 24055127
mbachop@ddollaw.com
COUNSEL FOR APPELLEE
TO THE HONORABLE COURT OF APPEALS:
COMES NOW Appellee William M. Stewart, by and through his appellate
attorneys, and pursuant to Texas Rules of Appellate Procedure 10.5(b) and
38.6(d), files this motion for an extension of time to file Appellee’s appellate brief,
and would respectfully show the Court as follows:
I.
The deadline for filing Appellee’s appellate brief in this Court is November
30, 2015.
II.
Appellee seeks an order extending the time for filing Appellee’s appellate
brief for 15 calendar days, so that Appellee’s appellate brief would be due for
filing in this Court on Tuesday, December 15, 2015.
III.
Appellee requests this extension of time to file his appellate brief because
due to the current press of legal and business matters in which Appellee’s legal
counsel is involved, along with the Thanksgiving holiday, Appellee’s legal
counsel reasonably needs such an extension so that Appellee’s legal counsel may
have sufficient time to prepare a meaningful argument that will be of maximum
benefit to the Court. This request is not for the purposes of delay.
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IV.
No previous extensions of the time for filing Appellee’s appellate brief have
been sought.
Prayer for Relief
WHEREFORE, PREMISES CONSIDERED, Appellee William M. Stewart
respectfully requests that the Court issue an order extending the time for filing
Appellee’s appellate brief in the above case for 15 calendar days, making
Appellee’s appellate brief due on Tuesday, December 15, 2015.
Respectfully submitted,
DEATS DURST & OWEN, P.L.L.C.
1204 San Antonio Street, Suite 203
Austin, Texas 78701
(512) 474-6200
(512) 474-7896 (Fax)
/s/ Matt Bachop
B. Craig Deats
State Bar No. 05703700
cdeats@ddollaw.com
Matt Bachop
State Bar No. 24055127
mbachop@ddollaw.com
COUNSEL FOR APPELLEE WILLIAM M .STEWART
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CERTIFICATE OF CONFERENCE
I hereby certify that I, Matt Bachop, counsel for Appellee, communicated
with all other parties about the merits of Appellee’s motion to extend time to file
Appellee’s appellate brief. Specifically, on November 19, 2015, I communicated
by phone with Chris Edwards, counsel for Appellants, about the merits of
Appellee’s motion to extend time to file Appellee’s appellate brief, and counsel
for Appellants stated that the motion is unopposed.
/s/ Matt Bachop
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has
been sent to counsel for Appellants, Chris Edwards, Assistant City Attorney, CITY
OF AUSTIN-LAW DEPARTMENT, P. O. Box 1546, Austin, Texas 78767-1546,
Fax: (512) 974-1311, chris.edwards@austintexas.gov, on this 19th day of
November, 2015, by electronic service.
/s/ Matt Bachop
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the City of Austin Firefighters' and Police Officers' Civil Service Commission, Mark Washington, Arturo Acevedo, and the City of Austin v. William M. Stewart
Combined Opinion