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

Court of Appeals of Texas·Decided September 3, 2015·No. 03-15-00293-CV·Published

Opinion

ACCEPTED

03-15-00293-CV

6776991

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/3/2015 9:46:52 AM

JEFFREY D. KYLE

CLERK

No. 03-15-00293-CV

FILED IN

3rd COURT OF APPEALS

In the Court of Appeals AUSTIN, TEXAS 9/3/2015 9:46:52 AM

For the Third Judicial District of Texas JEFFREY D. KYLE

Austin, Texas Clerk

BOB E. WOODY, Plaintiff-Appellant,

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

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

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

TO THE HONORABLE COURT OF APPEALS:

Appellant’s opening brief currently is due September 3, 2015. Pursuant to

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

extension of time until September 18, 2015 to file his opening brief. This extension

is requested for the following reasons.

The undersigned has had responsibility for the following additional

commitments during August and September 2015:

 Reviewing the trial court record from a July 2015 trial that resulted in a verdict of $10+ million in actual damages and $7 million in exemplary damages, on behalf of one of the defendants in Joanne Schermerhorn et al. v. CenturyTel, Inc. et al., No. 2010-09675 (113 Judicial District, Harris County, Texas), in preparation for post-judgment/appellate proceedings;

 Preparing an amended complaint (due September 14, 2015 by court order)

on behalf of the plaintiff in a federal antitrust matter: Houston KP, LLC v. City of Houston, No. 4:14-CV-02928 (S.D. Tex.);

 Preparing an amended complaint (due September 24, 2015 by court order)

on behalf of the plaintiff in another 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.); and

 Reviewing a complex business transaction on behalf of a client in anticipation of litigation on an urgent basis.1

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 September 3, 2015 given the deadlines in these other matters.

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

One prior 15-day extension was previously requested and granted.

Prayer

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

time to file his opening brief.

1 Client identity omitted because of the non-public nature of the work at this time.

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

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

Certificate of Conference

On September 1, 2015, I conferred with appellees’ counsel regarding this

motion, and on September 3, 2015 he informed me that appellees are unopposed to

the relief requested herein.

/s/ Jeremy Gaston

Jeremy Gaston

CERTIFICATE OF SERVICE

I certify that on September 3, 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

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ACCEPTED

03-15-00293-CV

6776991

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/3/2015 9:46:52 AM

JEFFREY D. KYLE

CLERK

No. 03-15-00293-CV

FILED IN

3rd COURT OF APPEALS

In the Court of Appeals AUSTIN, TEXAS 9/3/2015 9:46:52 AM

For the Third Judicial District of Texas JEFFREY D. KYLE

Austin, Texas Clerk

BOB E. WOODY, Plaintiff-Appellant,

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

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

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

TO THE HONORABLE COURT OF APPEALS:

Appellant’s opening brief currently is due September 3, 2015. Pursuant to

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

extension of time until September 18, 2015 to file his opening brief. This extension

is requested for the following reasons.

The undersigned has had responsibility for the following additional

commitments during August and September 2015:

 Preparing an amended complaint (due September 14, 2015 by court order)

on behalf of the plaintiff in a federal antitrust matter: Houston KP, LLC v. City of Houston, No. 4:14-CV-02928 (S.D. Tex.);

 Preparing an amended complaint (due September 24, 2015 by court order)

on behalf of the plaintiff in another 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.); and

 Reviewing a complex business transaction on behalf of a client in anticipation of litigation on an urgent basis.1

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 September 3, 2015 given the deadlines in these other matters.

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

One prior 15-day extension was previously requested and granted.

Prayer

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

time to file his opening brief.

1 Client identity omitted because of the non-public nature of the work at this time.

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

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

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

Certificate of Conference

On September 1, 2015, I conferred with appellees’ counsel regarding this

motion, and on September 3, 2015 he informed me that appellees are unopposed to

the relief requested herein.

/s/ Jeremy Gaston

Jeremy Gaston

CERTIFICATE OF SERVICE

I certify that on September 3, 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

Bob E. Woody v. J. Black's, LP And J. Black's GP, LLC, (Tex. Ct. App. 2015).

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