Brian McEnery v. City of San Antonio and Chief Charles N. Hood

Opinion

ACCEPTED 04-15-00097-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 11/12/2015 2:14:23 PM KEITH HOTTLE CLERK

NO. 04-15-00097-CV

FILED IN 4th COURT OF APPEALS IN THE COURT OF APPEALS SAN ANTONIO, TEXAS FOR THE FOURTH JUDICIAL DISTRICT OF 11/12/2015 TEXAS 2:14:23 PM AT SAN ANTONIO KEITH E. HOTTLE Clerk

BRIAN McENERY,

Appellant,

v.

CITY OF SAN ANTONIO AND CHIEF CHARLES N. HOOD,

Appellees.

ON APPEAL FROM THE 285th JUDICIAL DISTRICT COURT BEXAR COUNTY, TEXAS TRIAL COURT NO. 2011-CI-06603 THE HONORABLE JUDGE CATHLEEN STRYKER PRESIDING

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S REPLY BRIEF

TO THE HONORABLE JUSTICES OF THE COURT:

Under Texas Rules of Appellate Procedure 10.5(b)(1) and 38.6(d), Appellant

Brian McEnery, referred to as Appellant, respectfully moves the Court to extend the

time for filing Appellant’s Reply Brief. As good cause, Appellant respectfully shows

the Court the following:

1. Appellees filed the Brief of Appellees on October 30, 2015.

Page 1 of 5 2. Under Texas Rule of Appellate Procedure 38.6(c), Appellant’s Reply Brief

is currently due on November 19, 2015.

3. Appellant requests that the Court extend the time to file Appellant’s Reply

Brief twenty (20) days. A twenty (20) day extension would make Appellant’s Reply

Brief due on December 9, 2015.

4. In support of the requested extension, Appellant would show that counsel for

Appellant, Ronald B. Prince and Floyd Steven Contreras, have commitments during

the initial briefing period that require their time and attention and interfere with

preparation of Appellant’s Reply Brief by the current deadline.

These commitments include the following:

Extensive research and preparation for hearing concerning a request for

abatement in Cause No. 2014-CI-03985, Irene Baldridge and Kathy Hill v. Art

Reyna, pending in the 285th Judicial District Court in Bexar County, Texas, with the

hearing set for November 13, 2015, before the 57th Civil District Court, the

Honorable Judge Antonia Arteaga presiding; and

Extensive preparation for trial as new trial counsel in Cause No. 2014-CI-

03115, In the Matter of the Marriage of Eric. C. Mena and Marissa Ortiz Mena and

In the Interest of Miguel Carlos Mena, Ileana Isabel Mena, and Alejandro Andres

Mena, Children, pending in the 285th Judicial District Court in Bexar County, Texas,

with the trial set to continue on November 17, 2015, and November 18, 2015, and

Page 2 of 5 expected to continue beyond those days, before the 131st Civil District Court, the

Honorable Judge John Gabriel presiding.

5. This is Appellant’s first request for an extension of time to file Appellant’s

Reply Brief. Appellant seeks this extension not solely for delay, but so that justice

may be done.

6. As reflected in the Certificate of Conference below, counsel for Appellees

indicated that she is unopposed to this motion, and counsel for Intervenor indicated

that he is unopposed to this motion.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant Brian McEnery

respectfully requests that the Court grant a twenty (20) day extension of time to file

Appellant’s Reply Brief, extending the time to file Appellant’s Reply Brief until

December 9, 2015.

Appellant further prays for such other relief to which he may be entitled.

Page 3 of 5 Respectfully submitted,

PRINCE CONTRERAS PLLC 417 San Pedro Avenue San Antonio, Texas 78212 Tel: (210) 227-7821 Fax: (210) 225-4469 info@princecontreras.com ATTORNEYS FOR BRIAN McENERY

_/s/ Floyd Steven Contreras_____________ RONALD B. PRINCE State Bar No. 16329300 ron@princecontreras.com FLOYD STEVEN CONTRERAS State Bar No. 24075339 floyd@princecontreras.com

CERTIFICATE OF CONFERENCE

I certify that I conferred with Jacqueline M. Stroh, counsel for Appellees, via

telephone on November 12, 2015, regarding Appellant’s Motion to Extend Time to

File Appellant’s Reply Brief. Ms. Stroh indicated that she is not opposed to our

request to extend time.

I also certify that I conferred with Ricky J. Poole, counsel for Intervenor, via

email on November 11, 2015, regarding Appellant’s Motion to Extend Time to File

Appellant’s Reply Brief. Mr. Poole indicated that he is not opposed to our request to

extend time.

_/s/ Floyd Steven Contreras_____________ RONALD B. PRINCE FLOYD STEVEN CONTRERAS Page 4 of 5 CERTIFICATE OF SERVICE

I certify that on the 12th day of November, 2015, a true and correct copy of

the foregoing Appellant’s Motion to Extend Time to File Appellant’s Reply Brief

was served on the following counsel of record electronically through the electronic

filing manager:

Ms. Jacqueline M. Stroh THE LAW OFFICE OF JACQUELINE M. STROH, P.C. 10101 Reunion Place, Suite 600 San Antonio, Texas 78216 Tel: (210) 477-7416 Fax: (210) 477-7466 jackie@strohappellate.com Attorney for Appellees Ms. Deborah Lynne Klein OFFICE OF THE CITY ATTORNEY, LITIGATION DIVISION 111 Soledad, 10th Floor San Antonio, Texas 78205 Tel: (210) 207-8919 Fax: (210) 207-4357 deborah.klein@sanantonio.gov Attorney for Appellees Mr. Mark Kosanovich FITPATRICK & KOSANOVICH, P.C. P.O. Box 831121 San Antonio, Texas 78283-1121 Tel: (210) 207-7259 Fax: (210) 207-8997 mark.kosanovich@sanantonio.gov Attorney for Appellees Mr. Ricky J. Poole LAW OFFICES OF RICKY J. POOLE The Forum Building 8000 IH-10 West, Suite 600 San Antonio, Texas 78230 Tel: (210) 525-7988 Fax: (210) 525-7987 rpoole@alamocityattorney.com Attorney for Intervenor

_/s/ Floyd Steven Contreras_____________ RONALD B. PRINCE FLOYD STEVEN CONTRERAS

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