ACCEPTED
03-16-00580-CV
13903802
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/21/2016 1:33:30 PM
JEFFREY D. KYLE
CLERK
No. 03-16-00580-CV; No. 03-16-00607-CV
In the Third Court of Appeals FILED IN
Austin, Texas 3rd COURT OF APPEALS
AUSTIN, TEXAS
11/21/2016 1:33:30 PM
AARON BISHOP, ALBERT CORTEZ, JR., AURELIO MARTINEZ, TOMAS
JEFFREY D. KYLE
MONTEZ, RICARDO PELAYO, RODERICK WESLEY, RONALD BOOKER,
Clerk
ERIC DELOSSANTOS, JOVITA LOPEZ, NORRIS MCKENZIE, OSCAR
RAMIREZ, MONROE YARBROUGH, RICHARD BURNS, HENRY MORENO,
JESSE PRADO, ET AL,
Plaintiffs – Appellants
v.
THE CITY OF AUSTIN,
Defendant - Appellee
Appeal from Cause No. D-1-GN-14-002459
345th Judicial District Court of Travis County, Texas
CITY OF AUSTIN’S UNOPPOSED MOTION TO EXTEND TIME
TO FILE APPELLANT’S BRIEF IN APPEAL NO. 03-16-00607-CV
ANNE L. MORGAN, CITY ATTORNEY
MEGHAN L. RILEY, CHIEF, LITIGATION
Lynn E.Carter
Assistant City Attorney
State Bar No. 03925990
Lynn.carter@austintexas.gov
Michael Siegel
State Bar No. 24093148
Michael.siegel@austintexas.gov
City of Austin-Law Department
P. O. Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-1342
Facsimile: (512) 974-1311
COUNSEL FOR APPELLEE/CROSS-
APPELLANTS
TO THE HONORABLE JUSTICES OF THIS COURT:
In Appeal No. 03-16-00607-CV, Appellant, City of Austin (“City”) asks the
Court to extend the time to file Appellant’s Brief pursuant to Rule 10.5(b), Texas
Rules of Appellate Procedure (TRAP), and in support respectfully shows:
1. The City’s Appellant’s Brief is due on November 28, 2016. The
City’s appeal was filed as an accelerated appeal pursuant to TRAP Rule 28.1(a)
because it appeals the denial of an interlocutory order, the City’s plea to the
jurisdiction as to plaintiff-appellee Donald Baker. TEX.CIV.PRAC.&REM.CODE
§51.014(a)(8). The clerk’s record for the consolidated appeal was filed October
26, 2016.
2. The City requests an extension of approximately 35 days to file its
Appellant’s Brief. Including Court holidays, the City’s request would result in a
filing deadline of January 2, 2017. The Court has authority to grant this motion
pursuant to Texas Rule of Appellate Procedure 38.6(d).
3. All parties have agreed to the relief sought in this motion.
Specifically, the parties filed stipulations (November 9, 2016) including mutual
agreement to the above-requested extension in section “I” of the stipulations.
4. This extension is necessary due to the complexity of the litigation, the
heavy work load of counsel, and the loss of working days due to holidays and pre-
planned vacations. Appellant’s counsel reasonably needs such an extension so that
they may have sufficient time to prepare a meaningful opening brief that will
properly present the facts and law to the Court.
5. This is the first extension requested by the City of Austin.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant, City of Austin, requests that this
Court grant this Unopposed Motion to Extend Time to file Appellant’s Brief until
January 2, 2017, and grant Appellant all such other relief to which it may be
entitled.
RESPECTFULLY SUBMITTED,
ANNE L. MORGAN, CITY ATTORNEY
MEGHAN L. RILEY, CHIEF LITIGATION
BY: /S/ Michael Siegel
Lynn E.Carter
Assistant City Attorney
State Bar No. 03925990
Lynn.carter@austintexas.gov
Michael Siegel
State Bar No. 24093148
Michael.siegel@austintexas.gov
City of Austin-Law Department
P. O. Box 1546
Austin, Texas 78767-1546
Telephone: (512) 974-1342
Facsimile: (512) 974-1311
COUNSEL FOR APPELLANT,
CITY OF AUSTIN
CERTIFICATE OF CONFERENCE
Pursuant to TEX. R. APP. PROC. 10.1(5), I certify that counsel for all
Parties in the lawsuit made the basis of this appeal are in agreement, and that I
conferred with Mark Crampton on November 21, 2016, who is unopposed to
this motion.
/s/ Lynn E. Carter
Lynn E. Carter
Assistant City Attorney
Counsel for Defendant – Appellant
CERTIFICATE OF SERVICE
I certify that I served a copy of this motion on counsel of record
electronically, in accordance with the Court’s rules on electronic filing, on
November 21, 2016, as listed below:
Via E-Service to:
Mark W. Crampton
Crampton Law Office
3355 Bee Caves Road, Suite 301-B
Austin, Texas 78746
mark@cloatx.com (and any other electronic service addresses on file)
COUNSEL FOR DONALD BAKER, APPELLEE/PLAINTIFF
the City of Austin v. Donald Baker
Combined Opinion