ACCEPTED 03-15-00505-CV 8070990 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/3/2015 11:45:32 AM JEFFREY D. KYLE CLERK IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS _______________________________________ 12/3/2015 11:45:32 AM JEFFREY D. KYLE No. 03-15-00368-CV Clerk
Laura Pressley, Appellant,
v.
Gregorio “Greg” Casar, Appellee. _______________________________________
No. 03-15-00505-CV
David Rogers, Appellant, v.
Gregorio “Greg” Casar, Appellee. _______________________________________
MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEFS
_______________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
The deadlines to file Appellee’s briefs in both of the above-styled appeals run
from the filing of the Appellant’s brief in No. 03-15-00505-CV. Appellant David
Rogers filed his brief in No. 03-15-505-CV on October 27, 2015, and Appellee’s
briefs for both appeals currently are due on December 16, 2015. Pursuant to Rule 10.5(b) and Rule 38.6 of the Texas Rules of Appellate Procedure, Appellee files this
motion and asks for a thirty (30) day extension of time by which to file his briefs.
Granting this motion would make the briefs due on January 15, 2016.
This request is not made for the purpose of delay, but instead is necessary to
allow Appellee’s appellate counsel, Kurt Kuhn, adequate time to properly prepare the
briefs. Appellants have filed separate briefs in these consolidated appeals, which
combined amount to 86 pages of briefing and hundreds of pages more in
attachments. The records in these cases total almost 14,000 pages. Appellants have
purported to raise at least 14 different issues for review. Mr. Kuhn was not primary
counsel in the trial court and needs additional time to familiarize himself with the
entire record and all of the issues briefed. Mr. Kuhn also has several other matters
that have and continue to consume his docket, including:
• Preparing a petition for review in No. 15-0725, Debra Hren v. Recruiting Partners GP, Inc. d/b/a Kinney Recruiting, Inc., due on December 4, 2015.
• Preparing an amicus brief in No. 15-0523; ACE Cash Express, Inc. v. The City of Denton, Texas; in the Texas Supreme Court;
• Preparing an amicus brief in No. 14-0743; Southwest Royalties, Inc. v. Hegar; Supreme Court of Texas; and
• Preparing a Reply in Support of Petition for Review in No. 15-0504; Arbor Windsor Court, Ltd., v. Weekley Homes, L.P.; Supreme Court of Texas.
Finally, Appellee’s counsel has prior family and community commitments over the
Christmas holiday season. Appellee’s counsel needs the full 30-day extension sought
2 in this motion because any lesser extension would make it difficult to fully review and
brief all of the issues raised.
This is the second extension requested by Appellee. Appellant Pressley’s
counsel, Mark Cohen, previously sought three separate extensions of time for filing
Pressley’s brief in this appeal—two of which were granted and one of which was
returned as premature. Appellant David Rogers previously sought one additional
extension of time. Appellee’s counsel did not oppose any of the four extensions
sought by Appellants. At the time Appellants received their multiple extensions,
Appellee’s counsel told opposing counsel that the extensions Appellants sought
would likely make necessary both extensions sought by Appellee because of prior
existing work conflicts. Opposing counsel indicated that they understood and never
raised any prior opposition to Appellee seeking the relief sought in this motion. In
fact, before Pressley’s counsel, Mr. Cohen, filed his third motion for extension of
time, in conferring with opposing counsel Cohen expressly stated that he would
“extend similar courtesies if requested.” Mr. Cohen’s email stated:
I need to impose on your good graces one more time. I underestimated the time I needed for the last extension and I am requesting one more extension until September 18. Attached is the Motion I want to file . [sic] I need to know if you are opposed to granting it as soon as possible [sic] Thanks again and of course I will extend similar courtesies if requested.1
1 A true and correct copy of Cohen’s Sept. 2, 2015 email, as well as Appellee’s counsel’s response, is attached as Tab A.
3 Again, Appellee’s counsel did not oppose the extension that Appellant Pressley
sought for her own briefing deadline.
In preparing to file this motion, Appellee’s counsel conferred with Appellants’
counsel. Appellant David Rogers indicated that he did not oppose the granting of the
relief sought in this motion. Appellant Pressley’s counsel, Mr. Cohen, responded that
he did not have permission to consent to it.
Neither the Court nor any party will be prejudiced by the granting of this
motion. This extension is not sought for the purposes of delay, but to allow
Appellee’s counsel adequate time to fully brief the issues for the Court. Through this
lawsuit, Pressley does not seek simply to void the true and fair results of one particular
election without any evidence to raise any question as to the outcome of the voting.
Instead, Pressley’s lawsuit also seeks an improper holding that would call into
question and open up to litigation the results of every election that incorporates
electronic voting, absent any sign or evidence that the results were not true and
correct. Appellee’s counsel needs the 30-day extension sought to properly and fully
brief this important case for the Court’s review.
Prayer
For these reasons, Appellee asks for an additional thirty (30) days to file his
briefs, extending the time until January 15, 2016.
4 Dated: December 3, 2015 Respectfully submitted,
By:/s/Kurt Kuhn
Charles Herring, Jr. Kurt Kuhn State Bar No. 09534100 State Bar No. 24002433 cherring@herring-irwin.com kurt@kuhnhobbs.com Lauren Ross Lisa Bowlin Hobbs State Bar No. 24092001 State Bar No. 24026905 laurenbross@herring-irwin.com lisa@kuhnhobbs.com HERRING & PANZER, L.L.P. KUHN HOBBS PLLC 1411 West Avenue, Suite 100 3307 Northland Drive, Suite 310 Austin, Texas 78701 Austin, Texas 78731-4946 (512) 320-0665 (512) 476-6005 (512) 519-7580 (fax) (512) 476-6002 (fax)
Jessica Palvino State Bar No. 24048780 jpalvino@mcginnislaw.com MCGINNIS, LOCHRIDGE & KILGORE, LLP 600 Congress Avenue, Suite 2100 Austin, Texas 78701 (512) 495-6079 (512) 505-6379 (fax)
Counsel for Appellee
5 CERTIFICATE OF CONFERENCE Pursuant to Texas Rule of Appellate Procedure 10.1, I hereby certify that I conferred with Appellant David Rogers and counsel for Appellant Laura Pressley, Mark Cohen, regarding this motion. Mr. Rogers indicated that he was unopposed to the granting of the relief sought in this motion. Mr. Cohen responded that he did not have permission to consent to it.
/s/ Kurt Kuhn Kurt Kuhn
CERTIFICATE OF SERVICE I hereby certify that, on December 3, 2015, I served electronically a copy of this motion on counsel of record as listed below:
Mark Cohen 805 West 10th Street, Suite 100 Austin, Texas 78701 mark@cohenlegalservices.com
David Rogers Law Office of David Rogers 1201 Spyglass Suite 100 Austin, TX 78746 Firm@DARogerslaw.com
6 Tab A Kurt Kuhn
From: Kurt Kuhn Sent: Wednesday, September 02, 2015 11 :25 AM To: 'Mark Cohen' Subject: RE: pressley/Casar
No problem, I don't opp ose.
Free access — add to your briefcase to read the full text and ask questions with AI
ACCEPTED 03-15-00505-CV 8070990 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/3/2015 11:45:32 AM JEFFREY D. KYLE CLERK IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS _______________________________________ 12/3/2015 11:45:32 AM JEFFREY D. KYLE No. 03-15-00368-CV Clerk
Laura Pressley, Appellant,
v.
Gregorio “Greg” Casar, Appellee. _______________________________________
No. 03-15-00505-CV
David Rogers, Appellant, v.
Gregorio “Greg” Casar, Appellee. _______________________________________
MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEFS
_______________________________________
TO THE HONORABLE THIRD COURT OF APPEALS:
The deadlines to file Appellee’s briefs in both of the above-styled appeals run
from the filing of the Appellant’s brief in No. 03-15-00505-CV. Appellant David
Rogers filed his brief in No. 03-15-505-CV on October 27, 2015, and Appellee’s
briefs for both appeals currently are due on December 16, 2015. Pursuant to Rule 10.5(b) and Rule 38.6 of the Texas Rules of Appellate Procedure, Appellee files this
motion and asks for a thirty (30) day extension of time by which to file his briefs.
Granting this motion would make the briefs due on January 15, 2016.
This request is not made for the purpose of delay, but instead is necessary to
allow Appellee’s appellate counsel, Kurt Kuhn, adequate time to properly prepare the
briefs. Appellants have filed separate briefs in these consolidated appeals, which
combined amount to 86 pages of briefing and hundreds of pages more in
attachments. The records in these cases total almost 14,000 pages. Appellants have
purported to raise at least 14 different issues for review. Mr. Kuhn was not primary
counsel in the trial court and needs additional time to familiarize himself with the
entire record and all of the issues briefed. Mr. Kuhn also has several other matters
that have and continue to consume his docket, including:
• Preparing a petition for review in No. 15-0725, Debra Hren v. Recruiting Partners GP, Inc. d/b/a Kinney Recruiting, Inc., due on December 4, 2015.
• Preparing an amicus brief in No. 15-0523; ACE Cash Express, Inc. v. The City of Denton, Texas; in the Texas Supreme Court;
• Preparing an amicus brief in No. 14-0743; Southwest Royalties, Inc. v. Hegar; Supreme Court of Texas; and
• Preparing a Reply in Support of Petition for Review in No. 15-0504; Arbor Windsor Court, Ltd., v. Weekley Homes, L.P.; Supreme Court of Texas.
Finally, Appellee’s counsel has prior family and community commitments over the
Christmas holiday season. Appellee’s counsel needs the full 30-day extension sought
2 in this motion because any lesser extension would make it difficult to fully review and
brief all of the issues raised.
This is the second extension requested by Appellee. Appellant Pressley’s
counsel, Mark Cohen, previously sought three separate extensions of time for filing
Pressley’s brief in this appeal—two of which were granted and one of which was
returned as premature. Appellant David Rogers previously sought one additional
extension of time. Appellee’s counsel did not oppose any of the four extensions
sought by Appellants. At the time Appellants received their multiple extensions,
Appellee’s counsel told opposing counsel that the extensions Appellants sought
would likely make necessary both extensions sought by Appellee because of prior
existing work conflicts. Opposing counsel indicated that they understood and never
raised any prior opposition to Appellee seeking the relief sought in this motion. In
fact, before Pressley’s counsel, Mr. Cohen, filed his third motion for extension of
time, in conferring with opposing counsel Cohen expressly stated that he would
“extend similar courtesies if requested.” Mr. Cohen’s email stated:
I need to impose on your good graces one more time. I underestimated the time I needed for the last extension and I am requesting one more extension until September 18. Attached is the Motion I want to file . [sic] I need to know if you are opposed to granting it as soon as possible [sic] Thanks again and of course I will extend similar courtesies if requested.1
1 A true and correct copy of Cohen’s Sept. 2, 2015 email, as well as Appellee’s counsel’s response, is attached as Tab A.
3 Again, Appellee’s counsel did not oppose the extension that Appellant Pressley
sought for her own briefing deadline.
In preparing to file this motion, Appellee’s counsel conferred with Appellants’
counsel. Appellant David Rogers indicated that he did not oppose the granting of the
relief sought in this motion. Appellant Pressley’s counsel, Mr. Cohen, responded that
he did not have permission to consent to it.
Neither the Court nor any party will be prejudiced by the granting of this
motion. This extension is not sought for the purposes of delay, but to allow
Appellee’s counsel adequate time to fully brief the issues for the Court. Through this
lawsuit, Pressley does not seek simply to void the true and fair results of one particular
election without any evidence to raise any question as to the outcome of the voting.
Instead, Pressley’s lawsuit also seeks an improper holding that would call into
question and open up to litigation the results of every election that incorporates
electronic voting, absent any sign or evidence that the results were not true and
correct. Appellee’s counsel needs the 30-day extension sought to properly and fully
brief this important case for the Court’s review.
Prayer
For these reasons, Appellee asks for an additional thirty (30) days to file his
briefs, extending the time until January 15, 2016.
4 Dated: December 3, 2015 Respectfully submitted,
By:/s/Kurt Kuhn
Charles Herring, Jr. Kurt Kuhn State Bar No. 09534100 State Bar No. 24002433 cherring@herring-irwin.com kurt@kuhnhobbs.com Lauren Ross Lisa Bowlin Hobbs State Bar No. 24092001 State Bar No. 24026905 laurenbross@herring-irwin.com lisa@kuhnhobbs.com HERRING & PANZER, L.L.P. KUHN HOBBS PLLC 1411 West Avenue, Suite 100 3307 Northland Drive, Suite 310 Austin, Texas 78701 Austin, Texas 78731-4946 (512) 320-0665 (512) 476-6005 (512) 519-7580 (fax) (512) 476-6002 (fax)
Jessica Palvino State Bar No. 24048780 jpalvino@mcginnislaw.com MCGINNIS, LOCHRIDGE & KILGORE, LLP 600 Congress Avenue, Suite 2100 Austin, Texas 78701 (512) 495-6079 (512) 505-6379 (fax)
Counsel for Appellee
5 CERTIFICATE OF CONFERENCE Pursuant to Texas Rule of Appellate Procedure 10.1, I hereby certify that I conferred with Appellant David Rogers and counsel for Appellant Laura Pressley, Mark Cohen, regarding this motion. Mr. Rogers indicated that he was unopposed to the granting of the relief sought in this motion. Mr. Cohen responded that he did not have permission to consent to it.
/s/ Kurt Kuhn Kurt Kuhn
CERTIFICATE OF SERVICE I hereby certify that, on December 3, 2015, I served electronically a copy of this motion on counsel of record as listed below:
Mark Cohen 805 West 10th Street, Suite 100 Austin, Texas 78701 mark@cohenlegalservices.com
David Rogers Law Office of David Rogers 1201 Spyglass Suite 100 Austin, TX 78746 Firm@DARogerslaw.com
6 Tab A Kurt Kuhn
From: Kurt Kuhn Sent: Wednesday, September 02, 2015 11 :25 AM To: 'Mark Cohen' Subject: RE: pressley/Casar
No problem, I don't opp ose.
KtutKuhn 3307 Northland Drive, Suite 310 I Au stin, T exas 78731 512.476.6005 direct I 512.476.6002 fax Kurt@KuhnHobbs.com I www.KuhnHobbs.com
I ~t~ · · r.:, ' · u H .N·. .,, K :iI l .HOBBS h •.... ·· ... 1r APPS.At..S ANO AOVANCEO MOTIONS
From: Mark Cohen [mailto:mark@cohenlegalservices.com] Sent: Wednesday, September 02, 2015 11 :19 AM To: 'Kurt Kuhn ' (Kurt@KuhnHobbs.com) Subject: pressley/Casar
I need to impose on your good graces one more time. I underestimated the time I needed for the last extension and I am requesting one more extension until September 18. Attached is the Motion I want to file . I need to know if you are opposed to granting it as soon as possible Thanks again and of course I w ill extend similar courtesies if requested.
Mark Cohen 805 W. 10th Street, Suite 100 Austin, Tx. 78701 512-47 4-4424 512-472-5444 (f) Mark@cohenlegalservices.com www.CohenLegal Services.com
Everyone needs a break for peace of mind- especially those involved with the legal system. Rent our Villa with pool in Playa Del Carmen near the beach and town. Need a vacation? see http://villaalegreplaya .com and http://www.steinhardt.us/villaalegre/
CONFIDENTIALITY NOTICE The information contained in this message may be privileged and confidential and protected from disclosure.If the reader of this message is not theintended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination,distribution or copying of thiscommunication is strictly prohibited . If you have received this communicationin error, please notify us immediately by replying to the message and deleting it from your computer. TREASURY DEPARTMENT CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the Treasury Department, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.