Dipak Giri, DVM v. Dr. J. Scot Estep, DVM, DACVP

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ACCEPTED 03-17-00759-CV 21339887 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/18/2017 8:57 AM JEFFREY D. KYLE CLERK NO. 03-17-00759-CV IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 12/18/2017 8:57:12 AM JEFFREY D. KYLE Clerk DR. J. SCOT ESTEP Appellee, vs. DIPAK GIRI Appellant. APPELLANT’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF COMES NOW Defendant-Appellant Dipak Giri through his attorney of record, and under Texas Rule of Appellate Procedure 10.5(b), respectfully requests an extension of time to file his brief. BACKGROUND, RELEVANT FACTS, AND ARGUMENTS Appellant’s Brief is currently due on Wednesday, December 27, 2017. Undersigned counsel requests a 26-day extension of time to file this brief, to Monday, January 22, 2018, for the following reasons: a) he has four depositions scheduled, including an out-of-town deposition, between December 20-22, 2017, b) he will be on vacation and unavailable during the week of Christmas (from December 24 – 31, 2017); c) he has a two-day priority trial setting in Harris County District Court on January 10, 2018; and d) he will be out of town for a case pending in federal court in the Eastern District of North Carolina from January 16-18, 2018. Opposing counsel does not oppose the additional requested time. This is Appellant’s first request for an extension. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file a brief. PRAYER WHEREFORE, PURSUANT TO TEX. R. APP. CIV. P. 10.5(b) and 38.6(d), Defendant-Appellant Dipak Giri respectfully requests that this honorable Court grant an extension from December 27, 2017 to January 22, 2018 to file his Appellant’s Brief. Respectfully submitted, SUD LAW P.C. /s/ Nitin Sud Nitin Sud State Bar No. 24051399 6750 West Loop South Suite 920 Bellaire, Texas 77401 Phone: 832-623-6420 Fax: 832-304-2552 nsud@sudemploymentlaw.com Attorney for Defendant-Appellant, Dipak Giri 2 CERTIFICATE OF CONFERENCE I hereby certify that on December 16, 2017, Aubrey J. Flowers, counsel for Plaintiff-Appellee Scot Estep, agreed by electronic mail to an extension of time to January 22, 2018 for Dipak Giri to file his Appellant’s Brief. /s/ Nitin Sud Nitin Sud CERTIFICATE OF SERVICE I hereby certify that a true, full, and correct copy of the foregoing was served on the following counsel of record via email on December 18, 2017. Aubrey J. Flowers 20540 Hwy. 46 West Suite 115, PMB 458 Spring Branch, Texas 78070 Email: aj@ajflowerspc.com /s/ Nitin Sud Nitin Sud 3