in Re Arthur J. "AJ" Lawrence

ACCEPTED 03-16-00755-CV 13901610 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/21/2016 12:32:26 PM JEFFREY D. KYLE CLERK NO. 03-16-00755-CV FILED IN 3rd COURT OF APPEALS IN COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD JUDICIAL DISTRICT OF TEXAS 11/21/2016 12:32:26 PM AT AUSTIN, TEXAS JEFFREY D. KYLE Clerk IN RE ARTHUR J. “AJ” LAWRENCE Original Proceeding from the 353rd Judicial District Court, Travis County, Texas, Cause No D-1-GN-16-001856, The Honorable Stephen Yelenosky, Respondent UNOPPOSED MOTION TO EXTENT TIME TO FILE RESPONSE TO RELATOR’S PETITION FOR WRIT OF MANDAMUS Daniel H. Byrne State Bar No. 03565600 Lessie Gilstrap State Bar No. 24012630 FRITZ, BYRNE, HEAD & GILSTRAP, PLLC 221 West 6th Street, Suite 960 Austin, Texas 78701 Tel: (512) 476-2020 Fax: (512) 477-5267 ATTORNEYS FOR CODY TREYBIG, REAL PARTY IN INTEREST 1 TO THE HONORABLE THIRD COURT OF APPEALS: Real Party in Interest Cody Treybig (“Treybig”) respectfully requests a ten day extension of time to file its Response to the Relator’s Petition for Writ of Mandamus (“Response”) and shows the Court the following: 1. Under the Texas Rules of Appellate Procedure there is no specific deadline to file this motion to extend time or to file a response to a petition for writ of mandamus. 2. On November 14, 2016, the Court requested that Treybig file his Response on or before Monday, November 28, 2016, which is the Monday after Thanksgiving. 3. Treybig seeks a ten day extension because of several unavoidable, pre- existing deadlines and professional obligations of Treybig’s counsel in other matters, including an evidentiary hearing on Monday, November 28, 2016, all of which have required or will require significant commitments of time. 4. Relator Lawrence is unopposed to this motion. 5. Treybig requests an additional ten days to file its brief, extending the time until December 8, 2016. PRAYER For these reasons, Treybig asks the Court to grant it an extension of time to file its Response until December 8, 2016. 2 CERTIFICATE OF CONFERENCE Lessie Gilstrap, counsel for Treybig conferred with Doug Becker, counsel for Relator, regarding the Motion to Extend Time to File Response, and Mr. Becker is unopposed to such Motion. Respectfully submitted, FRITZ, BYRNE, HEAD & GILSTRAP, PLLC 221 w. 6TH Street, Suite 960 Austin, Texas 78701 Telephone: (512) 476-2020 Facsimile: (512) 477-5267 By: /s/ Lessie Gilstrap Daniel H. Byrne Texas Bar No. 03565600 dbyrne@fbhg.law Lessie Gilstrap Texas Bar No. 24012630 lgilstrap@fbhg.law Counsel for Real Party in Interest Treybig 3 CERTIFICATE OF SERVICE I certify that the foregoing Motion was served on the following counsel of record on November 21, 2016, by e-service and email. Douglas M. Becker Monte L. Swearengen GRAY & BECKER, P.C. 900 West Avenue Austin, Texas 78701 Email: doug.becker@graybecker.com Email: monte.swearengen@graybecker.com /s/ Lessie Gilstrap Lessie Gilstrap 4