David Rogers v. Gregorio "Greg" Casar

• Court: Court of Appeals of Texas
• Decided: September 14, 2015
• Docket: 03-15-00505-CV
• Status: Published

Opinion

ACCEPTED 03-15-00505-CV 6918209 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/14/2015 4:34:37 PM JEFFREY D. KYLE CLERK NO. 03-15-00505-CV

IN THE COURT OF APPEALS FILED IN FOR THE THIRD SUPREME JUDICIAL DISTRICT 3rd COURT OF APPEALS AT AUSTIN AUSTIN, TEXAS 9/14/2015 4:34:37 PM JEFFREY D. KYLE LAURA PRESSLEY, Clerk

APPELLANT

VS.

GREGORIO “GREG” CASAR,

APPELLEE

UNOPPOSED MOTION FOR CONSOLIDATION & CLARIFICATION OF BRIEFING SCHEDULE

TO THE HONORABLE COURT OF APPEALS:

Now comes David Rogers, Appellant and moves this court to consolidate

the following cases: 03-15-00368-CV Laura Pressley v. Gregorio “Greg” Casar

and 03-15-00505-CV Laura Pressley v. Gregorio “Greg” Casar. The two cases

are appropriate for consolidation for the following reasons:

1. The two cases involve common questions of fact because both arise from

the same factual situation; namely, the election for the office of Austin City

Council, District 4 held on December 16, 2014 and canvassed on December 30,

2014. In addition, both cases appeal judgments from Travis County District Court

case D-1-GN-15-000374. The first appeal involves a judgment against Pressley

in the election contest, subsequently amended to include a later judgment for

sanctions against Pressley. The second appeals involves a judgment for

sanctions against Pressley’s counsel 2. Under Texas Election Code 232.015, the Court of Appeals MAY

accelerate the appeal in a contest of a general election. 03-15-00368-CV has

been denominated as an accelerated appeal by Appellant, but no order from this

Court or the trial court has been issued denominating that appeal or this appeal

or the trial as accelerated. We therefore seek clarification of the schedule, and

an order entered based on normal application of rules.

3. Judicial convenience and economy will be promoted by consolidation of

the actions. Consolidation will result in one appeal. This will save time and avoid

unnecessary costs and duplication of effort for the Appellants, the Appellees, and

this Court.

PRAYER

For these reasons, David Rogers requests that this court grant his motion

for consolidation and clarification of the scheduling order.

Respectfully submitted,

/s/ David Rogers___ David Rogers SBN: 24014089 1201 Spyglass Drive, Suite 100 Austin, Texas 78746 (512) 923-1836 (512) 201-4082 firm@darogerslaw.com

CERTIFICATE OF CONFERENCE

Please be advised that the undersigned has conferred with opposing counsel on September 14, 2015 regarding this motion, and the parties are unopposed. __/s/ David Rogers_____________ David Rogers

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing has been served by efile and/or facsimile to the following persons on this 14th day of September 2015.

Mark Cohen SBN: 04508400 805 W. 10th Street, Suite 100 Austin, Texas 78701 (512) 474-4424 (512) 472-5444 fax mark@cohenlegalservices.com

ATTORNEY FOR APPELLANT LAURA PRESSLEY

Kurt Kuhn SBN: 24002433 KUHN HOBBS PLLC 3307 Northland Drive, # 310 Austin, Texas 78731 (512) 476-6000 (512) 476-6002 fax kurt@KuhnHobbs.com

Charles ‘Chuck’ Herring, Jr. SBN: 09534100 Herring & Irwin, L.L.P 1411 West Avenue, Suite 100 Austin, Texas 78701 (512) 320-0665 (512) 519-7580 fax cherring@herring-irwin.com

ATTORNEYS FOR APPELLEE GREGORIO “GREG” CASAR

__/s/ David Rogers_____________ David Rogers