Chris Bell v. Republican Governors Association

Opinion

ACCEPTED 03-15-00078-CV 4960128 THIRD COURT OF APPEALS AUSTIN, TEXAS April 20, 2015 4/20/2015 4:44:55 PM JEFFREY D. KYLE CLERK NO. 03-15-00078-CV

IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS, AT AUSTIN, TEXAS

CHRIS BELL, Appellant, v. REPUBLICAN GOVERNORS ASSOCIATION Appellee

From 261st District Court, Travis County, Texas

UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE'S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), Appellee Republican

Governors Association files this Unopposed First Motion to Extend Time to File

Appellee's Brief, and would respectfully show as follows:

1. Appellee's response brief is currently due on April27, 2015.

2. Counsel for Appellee requests a 14-day extension of time to file its

brief, making the brief due on May 11, 2015. This is the first request for extension

of time to file the response brief. 3. Counsel for Appellee relies on the following reasons, in addition to

the routine matters that counsel must attend to in daily practice, to explain the need

for the requested extension:

1. Counsel's litigation and appellate practice consists of two

attorneys. Currently, one of said attorneys is out on maternity leave, which

in-tum limits the amount of time available to counsel to draft its response

brief and attend to the other matters for which it is responsible. Several of

Counsel's other matters require immediate attention this week, further

limiting the time available to Counsel to draft its response brief.

4. Therefore, Counsel for Appellee seeks this extension of time to be

able to prepare a cogent and succinct brief to aid this Court in its analysis of the

issues presented. This request is not sought for delay but so that justice may be

done.

5. The undersigned has conferred with opposing counsel, and he has

indicated that his client does not oppose this motion.

6. All facts recited in this motion are within the personal knowledge of

the counsel signing this motion, therefore no verification is necessary under Rule

of Appellate Procedure 10.2. -------------------- ------------- --------------------

PRAYER FOR RELIEF

For the reasons set forth above, Appellee requests that this Court grant this

Unopposed First Motion to Extend Time to File Appellee's Response Brief and

extend the Deadline for Filing the Appellee's Response Brief to May 11, 2015.

Respectfully submitted,

Respectfully submitted,

HANCESCARBOROUGH,LLP 400 W. 15th Street, Suite 950 Austin, Texas 78701 Telephone: (512) 479-8888 Facsimile: (512) 482-6891

carborough State ar No. 17716000 V. Blayre Pefia State Bar No. 24050372

ATTORNEYS FOR DEFENDANT REPUBLICAN GOVENORS ASSOCIATION -------------------

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been forwarded to all counsel of record herein by facsimile on this the 20th day of April, 20 15.

VIA FACSIMILE Tom H. Watkins Rusch Blackwell 111 Congress Avenue, Suite 1400 Austin, Texas 78701-4093 Telephone: (512) 703-5752 Facsimile: (512) 479-1101

Randall B. Wood RAY, WOOD&BONILLA 2700 Bee Caves Road, Suite 200 Austin, Texas 78746 Telephone: (512) 328-8877 Facsimile: (512) 328-1156