Beacon Hill Staffing Group, LLC Cody Cox And Brannon Ross v. Kforce, Inc.

Opinion

ACCEPTED

03-15-00022-CV

4191421

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/18/2015 11:30:48 AM

JEFFREY D. KYLE

CLERK

No. 03-15-00022-CV

FILED IN

3rd COURT OF APPEALS

IN THE COURT OF APPEALS AUSTIN, TEXAS 2/18/2015 11:30:48 AM

FOR THE THIRD DISTRICT OF TEXAS JEFFREY D. KYLE Clerk

AT AUSTIN, TEXAS

BEACON HILL STAFFING GROUP LLC, Appellant,

v.

KFORCE INC,

Appellee

On appeal from Cause No. D-1-GN-14-004781 In the 98th District Court of Travis County, Texas Honorable Gisela Triana, Judge Presiding

FIRST UNOPPOSED MOTION

TO EXTEND DEADLINE TO FILE APPELLANT’S BRIEF

TO THE HONORABLE SEVENTH COURT OF APPEALS:

Comes now, the Appellant Beacon Hill Staffing Group LLC (“Appellant”), and pursuant to Texas Rules of Appellate Procedure 10.5 and 38.6, files this Motion

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to extend time to file its Brief. In support of this Motion and in support thereof shows the Court the following:

1. This is an accelerated appeal from a temporary injunction. The current deadline for Appellant to file its Brief is February 24, 2015. The Court may extend this filing deadline pursuant to TEX. R. APP. P. 38.6(d).

2. Appellee seeks a 24-day extension to file its Brief, to March 20, 2015.

3. Currently pending in the trial court are two motions to modify the temporary injunction (one agreed and one not), which address many if not all of the issues to be addressed in this appeal. The parties are awaiting a ruling from the trial court on these motions. If the motions are granted, the appeal (or large portions of it) would become moot.

4. Furthermore, the two parties to this appeal are in ongoing litigation in a case pending in the United States District Court for the Eastern District of Missouri Eastern Division styled Kforce Inc. v. Beacon Hill Staffing Group, LLC and Gary Hahn, Cause No. 4:14-cv-01880-CDP. The parties are in ongoing discussions regarding resolution of the claims in both the Texas and the Missouri case. Mediation is scheduled in the Missouri case for March 3, 2015. It is possible that this appeal will be affected by the mediation in the Missouri case.

5. The requested extension of time will all the parties time to discuss possible resolution of this case and will permit Appellant to better brief the Court on

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the matters involved in this appeal, and the same is not being requested for the purposes of delay, but for good cause.

6. Appellant has not previously requested any extensions of time to file its Brief.

7. Counsel for Appellant, Martin A. Rodriguez has stated that he does not oppose this Motion.

Prayer

For the reasons stated, Appellant requests that the Court extend the deadline to file its Brief for 24 days from February 24, 2015, to March 20, 2015.

Respectfully submitted,

Rick L. Lambert

State Bar No. 11844725

Jennie C. Knapp

State Bar No. 24069350

Jennie.Knapp@uwlaw.com

UNDERWOOD LAW FIRM, P.C.

P. O. Box 9158

Amarillo, Texas 79105-9158 P: (806) 376-5613

F: (806) 379-0316

By: /s/ Jennie C. Knapp Jennie C. Knapp

ATTORNEYS FOR APPELLANT

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CERTIFICATE OF CONFERENCE

As evidenced by my signature below, I received confirmation from counsel for Appelle, Martin A. Rodriguez, on February 18, 2015, that he does not oppose the relief requested in this Motion.

/s/ Jennie C. Knapp

Jennie C. Knapp

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of First Unopposed Motion to Extend Deadline to File Appellant’s Brief has been sent to the following counsel of record in accordance with Rule 9.5(e) of the Texas Rules of Appellate Procedure by email and fax on this 18th day of February, 2015:

Counsel for Appellees:

Bruce A. Griggs Bruce.griggs@ogletreedeakins.com Martin A. Rodriguez Martin.rodriguez@ogletreedeakins.com Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

301 Congress Avenue, Suite 1150 Austin, Texas 78701

/s/ Jennie C. Knapp

Jennie C. Knapp