David Rogers v. Gregorio "Greg" Casar

Opinion

ACCEPTED 03-15-00505-CV 7274208 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/7/2015 3:03:39 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 10/7/2015 3:03:39 PM JEFFREY D. KYLE DAVID ROGERS, Clerk

APPELLANT

VS.

GREGORIO “GREG” CASAR,

APPELLEE

MOTION TO EXTEND TIME FOR FILING APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

Now comes David Rogers, Appellant and pursuant to Tex.R.App.P. 10.5, moves

this court to grant an extension of time to file Appellant’s Brief, and respectfully states:

1. The due date for the Appellant’s Brief is currently October 7, 2015. David Rogers

seeks an extension of time to file Appellant’s brief for 14 days from the current stated due

date of October 7, 2015 or until October 21, 2015. The extension is needed because the

record in this case is voluminous making preparing the brief and appendix more time

consuming than Appellant anticipated. In addition, Appellant has had an unusually high

number of short notice client emergencies that have prevented Appellant from devoting

the time necessary to properly prepare the Appellant’s Brief.

2. Therefore, this Motion is in the interest of justice and orderly presentation of the issues

that need to be resolved in this appeal and not for by reason of any procrastination or for

delay. 3. Appellant has conferred with counsel for Casar and counsel for Pressley and neither

opposes this Motion to Extend Time to October 21, 2015.

4. This is the first extension of time David Rogers has presented to this Honorable Court

for filing of the Appellant’s Brief.

PRAYER

For these reasons, David Rogers requests that this court enter an order extending

the time for filing Appellant’s Brief until October 21, 2015.

Respectfully submitted,

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

CERTIFICATE OF CONFERENCE

Please be advised that the undersigned has conferred with opposing counsel on October 7, 2015 regarding this motion, and the counsel for Gregorio “Greg” Casar and the counsel for Laura Pressley are unopposed to the Court extending the due date for Appellant’s Brief until October 21, 2015.

/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 swerved by efile and/or facsimile to the following persons on this 7th day of October 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