Bob E. Woody v. J. Black's, LP And J. Black's GP, LLC

Opinion

ACCEPTED

03-15-00293-CV

6527242

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/17/2015 3:18:13 PM

JEFFREY D. KYLE

CLERK

No. 03-15-00293-CV

______________________________________________________________________________

FILED IN

3rd COURT OF APPEALS

In the Court of Appeals AUSTIN, TEXAS 8/17/2015 3:18:13 PM

For the Third Judicial District of Texas JEFFREY D. KYLE

Austin, Texas Clerk

______________________________________________________________________________

BOB E. WOODY, Plaintiff-Appellant,

v.

J. BLACK’S, LP and J. BLACK’S, GP, LLC, Defendants-Appellees.

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On Appeal from Cause No. D-1-GN-09-001436 In the 345th Judicial District Court of Travis County, Texas The Honorable Steven Yelenosky Presiding

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Appellant’s Unopposed First Motion for Extension of Time to File Opening Brief

TO THE HONORABLE COURT OF APPEALS:

Appellant’s opening brief currently is due August 19, 2015. Pursuant to Texas

Rule of Appellate Procedure 38.6(d), appellant respectfully requests a 15-day

extension of time until September 3, 2015 to file his opening brief. This extension

is requested for the following reasons.

2

The undersigned had responsibility for the following additional commitments

during late July and August 2015:

 Preparing a reply in support of a motion for rehearing (filed July 27, 2015)

for defendant-appellee in a case concerning issues under the Hague Service Convention: Menon v. Water Splash, Inc., No. 14-14-00012-CV (Tex. App.—Houston [14th Dist]);

 Preparing a response to a motion to dismiss (due July 29, 2015) on behalf of the plaintiff in a federal antitrust matter: Viva Cinemas Theaters and Entertainment LLC d/b/a Viva Cinema v. America Multi-Cinema, Inc., No. 4:15-cv-01015 (S.D. Tex.);

 Preparing the plaintiff’s objections to a magistrate’s memorandum and recommendation (due July 28, 2015) in another federal antitrust matter: Houston KP, LLC v. City of Houston, No. 4:14-CV-02928 (S.D. Tex.); and

 Assisting in the preparation of a motion for summary judgment (for filing this week) on behalf of defendant Superior Well Services, Inc. in a state property matter: Cabot Oil & Gas Corp. v. Casedhole Solutions, Inc. et al., No. 2014-14786 (127th Dist. Ct., Harris County, Texas);

Although the undersigned has not given these commitments priority over the current

appeal, the undersigned could not complete appellant’s opening brief in this matter

by August 19, 2015 given the deadlines in these other matters.

The undersigned has confirmed that appellees are unopposed to this motion.

No prior extensions have been previously requested or granted.

Prayer

Appellant respectfully request that the Court grant him a 15-day extension of

time to file his opening brief.

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Respectfully submitted,

/s/ Jeremy Gaston Jeremy Gaston Texas SBN 24012685 jgaston@hmgnc.com HAWASH MEADE GASTON NEESE & CICACK LLP 2118 Smith Street Houston, Texas 77002 Telephone: (713) 658-9001 Facsimile: (713) 658-9011

Rick Gray Texas SBN 08328300 rick.gray@graybecker.com Gray & Becker, PC 900 West Avenue Austin, TX 78701-2210 Telephone: 512-482-0061 Facsimile: 512-482-0924

Tom C. McCall Texas SBN 13350300 tmccall@themccallfirm.com David B. McCall Texas SBN 13344500 dmccall@themccallfirm.com The McCall Firm 3660 Stoneridge Road, Suite F-102 Austin, Texas 78746-7759 Telephone: (512) 477-4242 Facsimile: (512) 477-2271

Hector H. Cardenas, Jr. Texas SBN 00790422 hcardenas@cardenas-law.com THE CARDENAS LAW FIRM 3660 Stoneridge Road, Suite F-102 Austin, Texas 78746-7759

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Telephone: (512) 477-4242 Facsimile: (512) 477-2271 Counsel for Appellant

5

Certificate of Conference

The undersigned conferred with appellees’ counsel regarding this motion, and appellees are unopposed to the relief requested herein.

/s/ Jeremy Gaston

Jeremy Gaston

6

CERTIFICATE OF SERVICE

I certify that on August 17, 2015 a true and correct copy of the foregoing document was served on the following counsel of record by electronic filing:

Eric J. Taube Andrew Vickers Hohmann, Taube & Summers, LLP 100 Congress Avenue, 18th Floor Austin, TX 78701-4042 Counsel for J. Black’s, LP and J. Black’s, GP, LLC Counsel for Appellees

/s/ Jeremy Gaston

Jeremy Gaston