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

Opinion

ACCEPTED

03-15-00293-CV

7145866

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/29/2015 1:39:22 PM

JEFFREY D. KYLE

CLERK

_________________________________________________

NO. 03-15-00293-CV FILED IN _________________________________________________3rd COURT OF APPEALS AUSTIN, TEXAS

9/29/2015 1:39:22 PM

In the Court of Appeals JEFFREY D. KYLE For the Third Judicial District of Texas Clerk Austin, Texas

____________________________________________________

BOB E. WOODY, Plaintiff-Appellant,

v.

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

Appellees’ Unopposed Motion for Extension of Time to File Brief in Response to Brief of Appellant Bob E. Woody

TO THE HONORABLE COURT OF APPEALS:

Appellees’ opening brief currently is due October 19, 2015. Pursuant to Texas

Rule of Appellate Procedure 38.6(d), appellees respectfully request a 60-day extension of

time until December 18, 2015 to file their Brief in Response to Appellant Bob E. Woody.

This extension is requested for the following reasons.

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In addition to other personal and professional obligations, the undersigned will have

personal and professional responsibility for the following additional commitments during

October 2015:

 Two week trial set in the 201st Judicial District Court of Travis County, Texas in Cause No. GN-13-00516, Nancy Schaefer vs. Michael J. Delitta, et al.

 Various pre-trial hearings for November 2, 2015 trial in In re: Life Partners Holdings, Inc., Case No. 15-40289-RFN-11, In the United States Bankruptcy Court For the Northern District of Texas, Fort Worth Division  Various hearings scheduled in In re: Victory Medical Center, et al., Case No.

15-42373-rfn-11, In the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division

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

appeal, the undersigned could not complete the Appellees’ Brief in Response in this matter

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

The undersigned has confirmed that appellant is unopposed to this motion and

agreed to this extension.

No prior extensions have been previously requested or granted.

Prayer

Appellees respectfully request that the Court grant them a 60-day extension of time

to file their Brief in Response.

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Respectfully submitted,

TAUBE SUMMERS HARRISON TAYLOR MEINZER BROWN, LLP

By: /s/ Eric Taube

Eric Taube State Bar No. 19679350 etaube@taubesummers.com Andrew Vickers State Bar No. 24084021 avickers@taubesummers.com 100 Congress Avenue, Suite 1800 Austin, Texas 78701 Telephone: (512) 472-5997 Telecopier: (512) 472-5248

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

On September 28, 2015, I conferred with appellant’s counsel regarding this motion, and on September 29, 2015 they informed me that appellant was unopposed to the relief requested herein.

/s/ Eric Taube Eric Taube/Andrew Vickers

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CERTIFICATE OF SERVICE

I certify that on September 29, 2015, a true and correct copy of the foregoing document was served on the following counsel of record by electronic filing:

Tom C. McCall tmccall@themccallfirm.com David B. McCall Rick Gray dmccall@themccallfirm.com Rick.gray@graybecker.com THE MCCALL FIRM GRAY & BECKER, PC 3660 Stoneridge Road, Suite 900 West Avenue F-102 Austin, Texas 78701 Austin, TX 78746-7759 Telecopier: (512) 482-0924 Telecopier: (512) 477-2271 Hector H. Cárdenas, Jr.

Jeremy J. Gaston hcardenas@cardenas-law.com jgaston@hmgllp.com THE CÁRDENAS LAW FIRM HAWASH, MEADE, GASTON, 3660 Stoneridge Road, Suite NEESE & CICACK, LLP F-102 2118 Smith Street Austin, TX 78746 Houston, Texas 77002 Telecopier: (512) 477-2271 Telecopier: (713) 658-9011

/s/ Eric Taube Eric Taube