Arthur Butcher v. City of San Antonio, Acting by and Through Its Agent City Public Service Board D/B/A CPS Energy

Opinion

ACCEPTED 04-15-00338-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/24/2015 12:10:36 PM KEITH HOTTLE CLERK

NO. 04-15-00338-CV __________________________________________________________________ FILED IN IN THE COURT OF APPEALS 4th COURT OF APPEALS SAN ANTONIO, TEXAS FOR THE FOURTH DISTRICT OF TEXAS 11/24/2015 12:10:36 PM AT SAN ANTONIO KEITH E. HOTTLE __________________________________________________________________ Clerk

ARTHUR BUTCHER,

Appellant,

v.

CITY OF SAN ANTONIO BY AND THROUGH ITS AGENT, CITY PUBLIC SERVICE BOARD OF SAN ANTONIO D/B/A CPS ENERGY,

Appellee.

__________________________________________________________________ APPELLEE CPS ENERGY’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF ON THE MERITS __________________________________________________________________

Christine E. Reinhard State Bar No. 24013389 Justin Barbour State Bar No.24055142 SCHMOYER REINHARD LLP 17806 IH 10 West, Suite 400 San Antonio, Texas 78257 Phone: (210) 447-8033 Fax: (210) 447-8036

ATTORNEYS FOR APPELLEE CPS ENERGY

1 TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Appellee City of San Antonio by and through its Agent, City Public Service

Board of San Antonio d/b/a CPS Energy (“CPS Energy”) respectfully submits this

Unopposed Motion for Extension of Time requesting an additional 14 days, until

December 11, 2015, to file its Brief on the merits.

1. This is Appellee CPS Energy’s first request for an extension of time to

file its Brief on the merits. On November 24, 2015, counsel for CPS Energy

conferred with Mr. Sam Beale, counsel for Appellant, who indicated Appellant

does not oppose this Motion.

2. Butcher filed his first Brief on October 13, 2015, but on, on October

28, 2015, filed an Amended Brief in accordance with the Court’s October 16,

2015 Order to remedy certain omissions and deficiencies.

3. Pursuant to Texas Rule of Appellate Procedure 38.6(b), Appellee’s

Brief would otherwise be due to be filed on November 27, 2015.

4. Under Texas Rule of Appellate Procedure 55.7, Appellee CPS Energy

respectfully requests a 14-day extension, until December 11, 2015, to file its Brief

on the merits.

5. Appellee CPS Energy requests this extension to allow its counsel an

opportunity to fully analyze and brief the issues for its Brief on the merits. This

request is not made for undue delay, but so that justice may be done.

2 PRAYER

Appellee City of San Antonio, acting through by and through its Agent City

Public Service Board of San Antonio d/b/a CPS Energy, respectfully requests this

Court grant it an extension of time until and including December 11, 2015, for the

filing of its Brief on the merits, and award it such other and further relief to which

it may justly be entitled.

3 Respectfully submitted,

/s/ Christine E. Reinhard Christine E. Reinhard State Bar No. 24013389 Shannon B. Schmoyer State Bar No. 17780250 Justin Barbour State Bar No. 24055142 SCHMOYER REINHARD LLP 17806 IH 10 West, Suite 400 San Antonio, Texas 78257 210.447.8033 (telephone) 210.447.8036 (facsimile)

4 CERTIFICATE OF CONFERRAL

As evidenced by my signature below, counsel for Appellee has conferred with counsel for Appellant. Appellant does not oppose this Motion.

/s/ Justin Barbour Justin Barbour

CERTIFICATE OF SERVICE

I hereby certify the foregoing document was electronically filed with the Clerk of the Court using the electronic case filing system of the Court. I further certify a true and correct copy of the foregoing was served via email, first class mail, and UPS Next Day Air Delivery on the following counsel of record on November 24, 2013:

Samuel C. Beale 5821 Southwest Freeway, Ste. 416 Houston, Texas 77057 samuel.beale@gmail.com bealelawfirm@gmail.com

/s/ Christine E. Reinhard Christine E. Reinhard