Cash Biz, LP, Redwood Financial, LLC, Cash Zone, LLC Dba Cash Biz v. Hiawatha Henry, Addie Harris, Montray Norris, and Roosevelt Coleman Jr.

Opinion

ACCEPTED

04-15-00469-cv

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

10/21/2015 10:42:09 AM

KEITH HOTTLE

CLERK

NO. 04-15-00469-CV

FILED IN

4th COURT OF APPEALS

IN THE FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS AT SAN ANTONIO, TEXAS 10/21/2015 10:42:09 AM KEITH E. HOTTLE

Clerk

CASH BIZ, LP, CASH ZONE, LLC D/B/A CASH BIZ and REDWOOD FINANCIALS, LLC

Appellants.

v.

HIAWATHA HENRY, ADDIE HARRIS, MONTRAY NORRIS, and ROOSEVELT COLEMAN, JR., on behalf of themselves and for all other similarly situated

Appellees.

From the 224th Judicial District Court for Bexar County, Texas, No. 2015-CI-01545

AGREED MOTION TO EXTEND TIME TO FILE APPELLANTS’ REPLY BRIEF

Edward S. Hubbard Patrick E. Gaas State Bar No. 10131700 State Bar No. 07562790 ehubbard@coatsrose.com pgaas@coatsrose.com COATS, ROSE, YALE, RYMAN & LEE, P.C.

9 Greenway Plaza, Suite 1100 Houston, Texas 77046

(713) 651-0111

(713) 651-0220 Facsimile

COUNSEL FOR APPELLANTS

ORAL ARGUMENT REQUESTED

TO THE HONORABLE COURT OF APPEALS:

Appellants, Cash Biz, LP, Cash Zone, LLC d/b/a Cash Biz, and Redwood Financial, LLC, joined by Appellees Hiawatha Henry, Addie Harris, Montray Norris, and Roosevelt Coleman, Jr., present this agreed motion to extend the time to file the Appellants’ Reply Brief and to mutually extend the deadline for filing the Appellants’ Reply Brief under the authority of TEX. R. APP. P. 38.6(d), 10.1, and 10.5(b)(1) and (3).

1. Appellants’ Reply Brief is due on October 26, 2015. Appellants’

counsel is requesting a 10-day extension to file Appellants’ Reply Brief to November 4, 2015. In accordance with Rule 10.5(b)(1)(c), the following facts reasonably explain the need for further time. Appellate Counsel for the Appellants are involved in other time-sensitive appellate matters, including the following:

a. Appellants’ Counsel is under a pleadings deadline of October 22, 2015 in BASF Corporation et. al. v. CB&I Contractors, Inc. FKA et. al.; in the 23rd Judicial District Court of Parish of Ascension, State of Louisiana, Docket No. 00111524B, to revise pleadings in a complex construction contract dispute; and

b. Appellants’ Counsel is providing legal services on a daily basis in support of the Early Voting Supervisors, Presiding Judges, Ballot Board

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and Signature Verification Board in Harris County during early voting and on Election Day for the November 3rd General Election.

Based on these facts, Appellants respectfully request an extension of time of 10 days to file their Reply Brief. With the extension, the Appellants’ Reply Brief would be filed on or before November 4, 2015.

2. No previous extensions have been sought or granted regarding the filing of the Appellants’ Reply Brief.

3. Appellants apologize to the court for any delay or inconvenience the necessity for an extension may cause.

4. This motion is agreed to by all parties. This request is not sought for delay, but in order that justice may be done.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellants, joined by the

Appellees, ask this Honorable Court to grant an extension of 10 days, until November 4, 2015 to file the Appellants’ Reply Brief, and to grant the same extension to the Appellees to file the Appellees’ Reply Brief; and ask that all other briefing periods remain unchanged. Appellants and Appellees also pray for any other relief to which they may be entitled.

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Respectfully submitted,

COATS, ROSE, YALE, RYMAN & LEE, P.C.

By: /S/ Edward S. Hubbard Edward S. Hubbard

State Bar No. 10131700

ehubbard@coatsrose.com

Patrick E. Gaas

State Bar No. 07562790

pgass@coatsrose.com

Sam Arora

State Bar No. 24034287

sarora@coatsrose.com

9 Greenway Plaza, Suite 1100 Houston, Texas 77046-0307 (713) 651-0111

(713) 651-0220 facsimile

ATTORNEYS FOR THE APPELLANTS

HANSZEN LAPORTE

By: /S/ Daniel Dutko

Daniel Dutko

State Bar No24054206

ddutko@hanszenlaporte.com 11767 Katy Freeway, Suite 850 Houston, Texas 77079

713-522-9444

713-524-2580

ATTORNEYS FOR THE APPELLEES

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CERTIFICATE OF SERVICE

I hereby certified that a true and correct copy of the foregoing instrument has been served upon all counsel of records, listed below, by electronic service, e-mail, certified mail, return receipt requested, or by facsimile, or by hand delivery of same on the 21st day of October, 2015.

Daniel Dutko Hanszen Laporte 11767 Katy Freeway, Suite 850 Houston, Texas 77079

/S/ Edward S. Hubbard

Edward S. Hubbard

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