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 9/25/2015 4:02:11 PM KEITH HOTTLE CLERK

NO. 04-15-00097-CV

IN THE FOURTH COURT OF APPEALS DISTRICT FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 09/25/2015 4:02:11 PM * * * KEITH E. HOTTLE Clerk BRIAN McENERY, Appellant

V.

CITY OF SAN ANTONIO and CHIEF CHARLES N. HOOD, Appellees

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEES

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COME NOW, the City of San Antonio and Chief Charles N. Hood,

Appellees in the above-referenced appeal, and file this, their Second Unopposed

Motion for Extension of Time to File Brief of Appellees. In support thereof,

Appellees would show unto the Court the following:

I.

Appellant Brian McEnery filed his Brief of Appellant on July 31, 2015, after

receiving two 30-day extensions. After one 30-day extension granted by the Court,

Appellees’ brief is due to be filed on or before September 30, 2015. As a result of

the undersigned’s schedule, Appellees now file this Second Unopposed Motion for

Extension of Time to file their brief seeking an additional 30 days pursuant to Texas Rules of Appellate Procedure 10.1, 10.5(b), and 38.6(d) (“A motion to

extend the time to file a brief may be filed before or after the date the brief is

due.”). Appellees seek an extension of time to file their brief until Friday, October

30, 2015. This is Appellees’ second request for an extension of time to file their

brief, and the request is unopposed.

During the relevant time period, the undersigned completed the following

tasks (in addition to her work on other matters and administrative responsibilities)

which have prevented completion and filing of the brief in question: (1) assisted

with legal research and briefing in a case arising out of Bexar County, Texas; (2)

assisted with legal research and briefing in a case arising out of Karnes County,

Texas; and (3) prepared: (a) charge submissions in Cause No. C-2058-96-G (1),

styled Palmer v. Buck, filed on September 14, 2015, (b) mandamus proceedings in

connection with a Severance Order in the same matter and filed with the Thirteenth

Court of Appeals, styled In re Buck, on September 23, 2015, and with the Supreme

Court of Texas on September 24, 2015, and (c) for trial scheduled to commence in

that same cause on Monday, September 28, 2015.

In light of the foregoing, the undersigned seeks an extension until Friday,

October 30, 2015, to permit her sufficient time in light of her prior commitments

and responsibilities to complete and file the Brief of Appellees. This extension

2 request is not sought for purposes of delay but due to the commitments of lead

appellate counsel as set forth above.

II.

WHEREFORE, PREMISES CONSIDERED, Appellees, the City of San

Antonio and Chief Charles N. Hood, respectfully request that the Court grant their

second unopposed motion for extension of time to file their brief; allow Appellees

until October 30, 2015 to file their brief; and grant Appellees such other and

further relief to which they are entitled.

Respectfully submitted,

THE CITY OF SAN ANTONIO THE LAW OFFICE OF Deborah Lynne Klein JACQUELINE M. STROH, P.C. State Bar No. 11556750 Jacqueline M. Stroh Office of the City Attorney State Bar No. 00791747 Litigation Division 10101 Reunion Place, Suite 600 111 Soledad Street, 10th Floor San Antonio, Texas 78216 San Antonio, Texas 78205 (210) 477-7416 (210) 207-8784 (210) 477-7466 (telecopier) (210) 207-4357 (telecopier) jackie@strohappellate.com deborah.klein@sanantonio.gov

FITZPATRICK & KOSANOVICH, P.C. Mark Kosanovich State Bar No. 00788754 P.O. Box 831121 San Antonio, Texas 78283-1121 (210) 207-7259 (210) 207-8997 (telecopier) mark.kosanovich@sanantonio.gov

3 By: /s/ Jacqueline M. Stroh Jacqueline M. Stroh

ATTORNEYS FOR APPELLEES, CITY OF SAN ANTONIO AND CHIEF CHARLES N. HOOD

CERTIFICATE OF CONFERENCE

I certify that I conferred with counsel for Appellant, Mr. Floyd Contreras,

regarding this motion and with counsel for Intervenor, Mr. Ricky Poole, regarding

this motion. Mr. Contreras stated that Appellant is unopposed, and Mr. Poole

stated that Intervenor is unopposed.

/s/ Jacqueline M. Stroh Jacqueline M. Stroh

CERTIFICATE OF SERVICE

I certify that a true copy of the foregoing motion was on this the 25th day of

September, 2015, served on the following counsel of record in accordance with the

Texas Rules of Appellate Procedure:

Ronald B. Prince Floyd Steven Contreras Prince Contreras PLLC 417 San Pedro Avenue San Antonio, Texas 78212 ron@princecontreras.com floyd@princecontreras.com Attorneys for Appellant

Mr. Ricky J. Poole Law Office of Ricky J. Poole The Forum Building 8000 IH-10 West, Suite 600

4 San Antonio, Texas 78230 rpoole@alamocityattorney.com Attorney for Intervenor