Becky, Ltd. v. the City of Cedar Park, Matt Powell, Stephen Thomas, Lyle Grimes, Lowell Moore, Jon Lux, and Don Tracy

Opinion

ACCEPTED 03-15-00259-CV 8239139 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/15/2015 10:53:23 AM JEFFREY D. KYLE CLERK

No. 03-15-00259-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN THE 12/15/2015 10:53:23 AM THIRD COURT OF APPEALS JEFFREY D. KYLE AUSTIN, TEXAS Clerk ____________________________________________________________

BECKY, LTD., Appellant

V.

THE CITY OF CEDAR PARK, STEPHEN THOMAS, MATT POWELL, MITCH FULLER, LYLE GRIMES, LOWELL MOORE, JON LUX, AND DON TRACY, Appellees _____________________________________________________________

ON APPEAL FROM THE 126TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS ______________________________________________________________

APPELLANT’S SUPPLEMENTAL CERTIFICATE OF CONFERENCE TO MOTION TO FILE POST-SUBMISSION LETTER BRIEF ______________________________________________________________

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant Becky, Ltd. (“Becky”) hereby files its supplemental certificate of

conference to its motion to file post-submission letter brief. Becky filed its Motion

for Leave to File Post-Submission Brief on December 11, 2015. The undersigned

was not able to confer with counsel for Appellees before filing, and therefore,

indicated that it did not know if its motion for leave was opposed or unopposed.

AUS-6204839-1 521106/1 Counsel for Appellees have since contacted the undersigned and indicated they do

not oppose Becky’s motion. Becky will not oppose leave for Appellees to file any

response to the letter brief.

Respectfully submitted,

HUSCH BLACKWELL LLP

By /s/ Elizabeth G. Bloch ELIZABETH G. BLOCH State Bar No. 02495500 Heidi.bloch@huschblackwell.com 111 Congress Avenue, Suite 1400 Austin, Texas 78701-4093 (512) 472-5456 (Telephone) (512) 479-1101 (Facsimile)

Leonard B. Smith State Bar No. 18643100 lsmith@leonardsmithlaw.com P.O. Box 684633 Austin, Texas 78768 (512) 914-3732 (Telephone) (512) 532-6446 (Facsimile)

ATTORNEYS FOR APPELLANT

CERTIFICATE OF CONFERENCE The undersigned certifies that she conferred with counsel for Appellees after Appellant filed its Motion for Leave to File Post-Submission Brief on December 11, 2015. They indicated they do not oppose the motion

/s/ Elizabeth G. Bloch ELIZABETH G. BLOCH

2 AUS-6204839-1 521106/1 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served on the 15th day of December, 2015, via the Court’s electronic filing system and/or email to the following counsel of record:

Cobby Caputo ccaputo@bickerstaff.com Bradley B. Young byoung@bickerstaff.com Bickerstaff Heath Delgado Acosta LLP 3711 South MoPac Expressway Building One, Suite 300 Austin, Texas 78746

/s/ Elizabeth G. Bloch

3 AUS-6204839-1 521106/1