Craig A. Washington v. Commission for Lawyer Discipline

Opinion

ACCEPTED 03-15-00083-CV 6276625 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/29/2015 2:54:52 PM JEFFREY D. KYLE CLERK No. 03-15-00083-CV ___________________________________________________________ FILED IN 3rd COURT OF APPEALS In the Third District Court of Appeals AUSTIN, TEXAS Houston, Texas 7/29/2015 2:54:52 PM ___________________________________________________________ JEFFREY D. KYLE Clerk CRAIG A. WASHINGTON,

Appellant,

vs.

COMMISSION FOR LAWYER DISCIPLINE,

Appellee. ___________________________________________________________

UNOPPOSED SECOND MOTION OF CRAIG A. WASHINGTON TO EXTEND DEADLINE FOR PRINCIPAL BRIEF

___________________________________________________________

Appellant Craig A. Washington asks that this Court extend for fourteen

(14) days the deadline for the filing of his principal brief as the appellant in the

above-captioned case, making the new briefing deadline August 17, 2015. In

support Mr. Washington states:

1. This is an appeal from a final judgment signed January 8, 2015. The

completed clerk’s record was filed June 2, 2015, and the reporter’s record was

filed May 15, 2015. Therefore, the principal brief of the appellant is was initially

due July 2, 2015. TEX. R. APP. P. 38.6(a). This court can extend that deadline, and

1 has extended it to August 3, 2015. Id. 38.6(d). This is the appellants’ second

request to extend the deadline, and it is unopposed.

2. Counsel for Mr. Washington, John MacVane, is principally

responsible for drafting the brief and was trial counsel in urgent temporary

restraining order and temporary injunction proceedings in Berry GP, Inc. v. BTB

Refining, LLC, Cause No. 2015DCV-2205, currently pending in the 319th Judicial

District Court, Nueces County, in Corpus Christi. This case required Mr.

MacVane to travel to Corpus Christi last week in preparation for a temporary

injunction hearing held July 23, 2015. Mr. MacVane spent much of the last month

preparing witnesses and materials for the temporary injunction hearing, which

was not anticipated when Mr. Washington filed his initial request for an

extension.

3. In order to adequately focus on the briefing in this case, Mr.

Washington requests a 14-day extension of the deadline for his appellant’s brief.

A 14-day extension of the briefing deadline would make appellants’ brief due on

Monday, August 17, 2015.

2 Request for Relief

For the above reasons, Craig A. Washington asks this Court to extend for

14 days the deadline for the filing of his principal brief in this appeal, making the

new deadline August 17, 2015.

Respectfully submitted,

/s/ John MacVane Gardere Wynne Sewell LLP Michael A. Stafford 1000 Louisiana, Suite 2000 Texas Bar No. 18996970 Houston, Texas 77002-5007 Katharine David Tel: 713.276.5500 Texas Bar No. 24045749 Fax: 713.276.5555 John MacVane mstafford@gardere.com Texas Bar No. 24085444 kdavid@gardere.com jmacvane@gardere.com

ATTORNEYS FOR CRAIG A. WASHINGTON, APPELLANT

3 CERTIFICATE OF SERVICE

I certify that a copy of this document was served on July 29, 2015, by

delivery to the following counsel via the Electronic Filing Manager:

Cynthia Canfield Hamilton Office of the Chief Disciplinary Counsel State Bar of Texas Post Office Box 12487 Austin, Texas 78711 chamilton@texasbar.com

/s/ John MacVane John MacVane

Certificate of Conference

The parties’ counsel have conferred regarding the relief requested in this

motion. Counsel for the appellee—Commission for Lawyer Discipline—

indicated that it will not oppose this request for relief.

/s/ John MacVane John MacVane

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