City of New Braunfels Jan Kotylo, in Her Official Capacity Pat Clifton, in His Official Capacity And Fritz Welsch, in His Official Capacity v. Joseph Tovar

Court of Appeals of Texas·Decided January 16, 2015·No. 03-14-00693-CV·Published

Opinion

ACCEPTED 03-14-00693-CV 3795023 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/16/2015 10:58:06 AM JEFFREY D. KYLE CLERK No. 03-14-00693-CV

FILED IN 3rd COURT OF APPEALS In the Third Court of Appeals AUSTIN, TEXAS Austin, Texas 1/16/2015 10:58:06 AM JEFFREY D. KYLE Clerk

CITY OF NEW BRAUNFELS, TEXAS, JAN KOTYLO, in her official capacity, PAT CLIFTON, in his official capacity, and FRITZ WELSCH, in his official capacity

Appellants,

JOSEPH TOVAR,

Appellee.

APPEAL FROM CAUSE NO. C2014-0928A ND 22 JUDICIAL DISTRICT COURT OF COMAL COUNTY, TEXAS HONORABLE DIBRELL W. WALDRIP

APPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF IN RESPONSE TO APPELLEE’S BRIEF

Bettye Lynn Valeria M. Acevedo State Bar No. 11540500 State Bar No. 00798020 Lynn, Ross & Gannaway, LLP City of New Braunfels, Texas 306 West Broadway Avenue 424 South Castell Avenue Fort Worth, Texas 76104 New Braunfels, Texas 78130 817.332.8505 (Telephone) 830.221.4281 (Telephone) 817.332.8548 (Facsimile) 830.626.5578 (Facsimile) lynn@laborcounsel.net vacevedo@nbtexas.org

ATTORNEYS FOR APPELLANTS

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellants, The City of New Braunfels, Texas, Jan Kotylo, in her official

capacity, Pat Clifton, in his official capacity and Fritz Welsch, in his official capacity

(hereinafter referred to as “Appellants”), pursuant to Rule 51 of the Texas Rules of

Appellate Procedure, file this, their Unopposed First Motion for Extension of Time

to File Appellants’ Reply Brief in Response to Appellee’s Brief, and show as

follows:

1. Appellants’ Reply Brief in response to Appellee’s brief is due to be

filed on or before Monday, Janauary 26, 2015. Appellants request an extension of

time until Wednesday, February 4, 2015 to file their brief, an extension of nine (9)

days.

2. Bettye Lynn, counsel for Appellants, has conferred with counsel for

Appellee, Mr. Chad Hyde, who has agreed to an extension of time to Wednesday,

February 4, 2015.

3. The 22nd Judicial District Court of Comal County, Texas signed an

order on October 23, 2014 in the matter styled Joseph Tovar v. City of New

Braunfels, et al, Cause No. C2014-0928A, denying all of Appellants’ defenses to the

lawsuit filed by Appellee, and granting Appellee declaratory mandamus and

injunctive relief.

4. Appellants filed a Notice of Appeal on November 3, 2014.

5. Appellants filed their Brief on the Merits on December 10, 2014.

6. Appellee filed his Response Brief on January 6, 2015.

7. Ms. Lynn needs this additional time to file Appellants’ Reply Brief as

she is scheduled to be lead counsel in two separate arbitration trials within the next

two weeks. In order to adequately represent all of her clients for each of the hearings,

scheduled prior to the establishment of the deadline herein, and to adequately

prepare this Reply Brief, Ms. Lynn requests a nine (9) day extension of time of the

deadline in which to file Appellants’ Reply Brief.

For the foregoing reasons, Appellants, CITY OF NEW BRAUNFELS,

TEXAS, JAN KOTYLO, in her official capacity, PAT CLIFTON, in his official

capacity, and FRITZ WELSCH, in his official capacity, request that this Honorable

Court grant Appellants this unopposed extension of time until Wednesday, February

4, 2015, to file their Reply Brief, an extension of 9 days from the original due date.

Respectfully submitted,

/s/ Bettye Lynn Bettye Lynn State Bar No. 11540500 LYNN, ROSS & GANNAWAY, LLP 306 West Broadway Avenue Fort Worth, Texas 76104 Telephone: (817) 332-8505 Facsimile: (817) 332-8548 Lynn@laborcounsel.net

Valeria M. Acevedo State Bar No. 00798020 CITY OF NEW BRAUNFELS 424 South Castell Avenue New Braunfels, Texas 78130 Telephone: (830) 221-4281 Facsimile: (830) 626-5578 VAcevedo@nbtexas.org

CERTIFICATE OF CONFERENCE

Counsel for Appellants, Bettye Lynn, has discussed this requested extension

of time with counsel for Appellee, Mr. Chad Hyde. Counsel for Appellee has

responded that Appellee is unopposed to this requested extension of time until

February 4, 2015.

/s/ Bettye Lynn Bettye Lynn

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I

certify that I have served this document on all other parties, which are listed below

on this the 16th day of January, 2015, as follows:

By Electronic Service Chad R. Hyde Randal C. Doubrava State Bar No. 24046130 State Bar No. 0602990 Texas Municipal Police Association Texas Municipal Police Association 6200 La Calma Drive, Suite 200 6200 La Calma Drive, Suite 200 Austin, Texas 78752 Austin, Texas 78752 512.454.8900 (Telephone) 512.454.8900 (Telephone) 512.454.8860 (Facsimile) 512.454.8860 (Facsimile) chad.hyde@tmpa.org randy.doubrava@tmpa.org

/s/ Bettye Lynn Bettye Lynn

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ACCEPTED 03-14-00693-CV 3795023 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/16/2015 10:58:06 AM JEFFREY D. KYLE CLERK No. 03-14-00693-CV

FILED IN 3rd COURT OF APPEALS In the Third Court of Appeals AUSTIN, TEXAS Austin, Texas 1/16/2015 10:58:06 AM JEFFREY D. KYLE Clerk

CITY OF NEW BRAUNFELS, TEXAS, JAN KOTYLO, in her official capacity, PAT CLIFTON, in his official capacity, and FRITZ WELSCH, in his official capacity

Appellants,

JOSEPH TOVAR,

Appellee.

APPEAL FROM CAUSE NO. C2014-0928A ND 22 JUDICIAL DISTRICT COURT OF COMAL COUNTY, TEXAS HONORABLE DIBRELL W. WALDRIP

APPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF IN RESPONSE TO APPELLEE’S BRIEF

ATTORNEYS FOR APPELLANTS

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellants, The City of New Braunfels, Texas, Jan Kotylo, in her official

capacity, Pat Clifton, in his official capacity and Fritz Welsch, in his official capacity

(hereinafter referred to as “Appellants”), pursuant to Rule 51 of the Texas Rules of

Appellate Procedure, file this, their Unopposed First Motion for Extension of Time

to File Appellants’ Reply Brief in Response to Appellee’s Brief, and show as

follows:

1. Appellants’ Reply Brief in response to Appellee’s brief is due to be

filed on or before Monday, Janauary 26, 2015. Appellants request an extension of

time until Wednesday, February 4, 2015 to file their brief, an extension of nine (9)

days.

2. Bettye Lynn, counsel for Appellants, has conferred with counsel for

Appellee, Mr. Chad Hyde, who has agreed to an extension of time to Wednesday,

February 4, 2015.

3. The 22nd Judicial District Court of Comal County, Texas signed an

order on October 23, 2014 in the matter styled Joseph Tovar v. City of New

Braunfels, et al, Cause No. C2014-0928A, denying all of Appellants’ defenses to the

lawsuit filed by Appellee, and granting Appellee declaratory mandamus and

injunctive relief.

4. Appellants filed a Notice of Appeal on November 3, 2014.

5. Appellants filed their Brief on the Merits on December 10, 2014.

6. Appellee filed his Response Brief on January 6, 2015.

7. Ms. Lynn needs this additional time to file Appellants’ Reply Brief as

she is scheduled to be lead counsel in two separate arbitration trials within the next

two weeks. In order to adequately represent all of her clients for each of the hearings,

scheduled prior to the establishment of the deadline herein, and to adequately

prepare this Reply Brief, Ms. Lynn requests a nine (9) day extension of time of the

deadline in which to file Appellants’ Reply Brief.

For the foregoing reasons, Appellants, CITY OF NEW BRAUNFELS,

TEXAS, JAN KOTYLO, in her official capacity, PAT CLIFTON, in his official

capacity, and FRITZ WELSCH, in his official capacity, request that this Honorable

Court grant Appellants this unopposed extension of time until Wednesday, February

4, 2015, to file their Reply Brief, an extension of 9 days from the original due date.

Respectfully submitted,

Valeria M. Acevedo State Bar No. 00798020 CITY OF NEW BRAUNFELS 424 South Castell Avenue New Braunfels, Texas 78130 Telephone: (830) 221-4281 Facsimile: (830) 626-5578 VAcevedo@nbtexas.org

CERTIFICATE OF CONFERENCE

Counsel for Appellants, Bettye Lynn, has discussed this requested extension

of time with counsel for Appellee, Mr. Chad Hyde. Counsel for Appellee has

responded that Appellee is unopposed to this requested extension of time until

February 4, 2015.

/s/ Bettye Lynn Bettye Lynn

CERTIFICATE OF SERVICE

As required by Texas Rule of Appellate Procedure 6.3 and 9.5(b), (d), (e), I

certify that I have served this document on all other parties, which are listed below

on this the 16th day of January, 2015, as follows:

/s/ Bettye Lynn Bettye Lynn

City of New Braunfels Jan Kotylo, in Her Official Capacity Pat Clifton, in His Official Capacity And Fritz Welsch, in His Official Capacity v. Joseph Tovar, (Tex. Ct. App. 2015).

Pincite

City of New Braunfels Jan Kotylo, in Her Official Capacity Pat Clifton, in His Official Capacity And Fritz Welsch, in His Official Capacity v. Joseph Tovar (City of New Braunfels Jan Kotylo, in Her Official Capacity Pat Clifton, in His Official Capacity And Fritz Welsch, in His Official Capacity v. Joseph Tovar) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.