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

Court of Appeals of Texas·Decided December 3, 2015·No. 04-15-00097-CV·Published

Opinion

ACCEPTED 04-15-00097-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/3/2015 8:07:23 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 12/3/2015 TEXAS8:07:23 PM AT SAN ANTONIO KEITH E. HOTTLE Clerk

BRIAN McENERY,

Appellant,

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 SECOND 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:

Page 1 of 6 1. On November 12, 2015, Appellant filed his initial Unopposed Motion to

Extend Time to File Appellant’s Reply Brief.

2. On November 19, 2015, the Court granted Appellant’s motion and extended

the time to file Appellant’s Reply Brief to December 9, 2015.

3. This is Appellant’s second 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.

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

Brief for an additional twenty (20) days. An additional twenty (20) day extension

would make Appellant’s Reply Brief due on December 29, 2015.

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

Appellant, Ronald B. Prince and Floyd Steven Contreras, had and have

commitments during the initial briefing period that required and require their time

and attention, interfering with the preparation of Appellant’s Reply Brief by the

current deadline.

These commitments include the following:

Trial 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, in the 285th Judicial District

Court in Bexar County, Texas, which Appellant referenced in his previous motion,

Page 2 of 6 continued during the initial extended briefing period and did not conclude until

December 2, 2015.

As a result of the trial referenced above, counsel fell behind on numerous other

commitments in various cases that require attention.

In addition, counsel have numerous hearings in family law matters to attend

in various cases set in Presiding Civil District Court in Bexar County, Texas, from

December 4, 2015, through December 9, 2015.

Similarly, counsel are the attorneys in a criminal proceeding, specifically

Cause No. 457390, State of Texas v. Michael Anthony Gonzales, in County Court at

Law No. 15 in Bexar County, Texas, currently set for trial to begin on December 7,

2015.

6. The foregoing commitments and others during the initial extended briefing

period show a deviation from the normal press of business and good cause for the

additional requested extension of time.

7. 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.

Page 3 of 6 PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant Brian McEnery

respectfully requests that the Court grant an additional twenty (20) day extension of

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

Brief until December 29, 2015.

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

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

Page 4 of 6 CERTIFICATE OF CONFERENCE

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

email on December 3, 2015, regarding Appellant’s Second Motion to Extend Time

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

second request to extend time.

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

email on December 3, 2015, regarding Appellant’s Second Motion to Extend Time

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

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

Page 5 of 6 CERTIFICATE OF SERVICE

I certify that on the 3rd day of December, 2015, a true and correct copy of the

foregoing Appellant’s Second 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

Page 6 of 6

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ACCEPTED 04-15-00097-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/3/2015 8:07:23 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 12/3/2015 TEXAS8:07:23 PM AT SAN ANTONIO KEITH E. HOTTLE Clerk

BRIAN McENERY,

Appellant,

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 SECOND 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:

Page 1 of 6 1. On November 12, 2015, Appellant filed his initial Unopposed Motion to

Extend Time to File Appellant’s Reply Brief.

2. On November 19, 2015, the Court granted Appellant’s motion and extended

the time to file Appellant’s Reply Brief to December 9, 2015.

3. This is Appellant’s second 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.

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

Brief for an additional twenty (20) days. An additional twenty (20) day extension

would make Appellant’s Reply Brief due on December 29, 2015.

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

Appellant, Ronald B. Prince and Floyd Steven Contreras, had and have

commitments during the initial briefing period that required and require their time

and attention, interfering with the preparation of Appellant’s Reply Brief by the

current deadline.

These commitments include the following:

Trial 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, in the 285th Judicial District

Court in Bexar County, Texas, which Appellant referenced in his previous motion,

Page 2 of 6 continued during the initial extended briefing period and did not conclude until

December 2, 2015.

As a result of the trial referenced above, counsel fell behind on numerous other

commitments in various cases that require attention.

In addition, counsel have numerous hearings in family law matters to attend

in various cases set in Presiding Civil District Court in Bexar County, Texas, from

December 4, 2015, through December 9, 2015.

Similarly, counsel are the attorneys in a criminal proceeding, specifically

Cause No. 457390, State of Texas v. Michael Anthony Gonzales, in County Court at

Law No. 15 in Bexar County, Texas, currently set for trial to begin on December 7,

2015.

6. The foregoing commitments and others during the initial extended briefing

period show a deviation from the normal press of business and good cause for the

additional requested extension of time.

7. 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.

Page 3 of 6 PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant Brian McEnery

respectfully requests that the Court grant an additional twenty (20) day extension of

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

Brief until December 29, 2015.

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

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

Page 4 of 6 CERTIFICATE OF CONFERENCE

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

email on December 3, 2015, regarding Appellant’s Second Motion to Extend Time

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

second request to extend time.

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

email on December 3, 2015, regarding Appellant’s Second Motion to Extend Time

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

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

Page 5 of 6 CERTIFICATE OF SERVICE

I certify that on the 3rd day of December, 2015, a true and correct copy of the

foregoing Appellant’s Second Motion to Extend Time to File Appellant’s Reply

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

electronic filing manager:

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

Page 6 of 6

Brian McEnery v. City of San Antonio and Chief Charles N. Hood, (Tex. Ct. App. 2015).

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Brian McEnery v. City of San Antonio and Chief Charles N. Hood (Brian McEnery v. City of San Antonio and Chief Charles N. Hood) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.