Dennis Draper, Greg Hadley, and Charles Huston v. Austin Manufacturing Services I, Inc.

Opinion

ACCEPTED 03-15-00429-CV 7052075 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/23/2015 1:21:55 PM JEFFREY D. KYLE CLERK No. 03-15-00429-CV FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 9/23/2015 1:21:55 PM JEFFREY D. KYLE Clerk

Dennis Draper, Greg Hadley, and Charles Huston,

Appellants,

v.

Austin Manufacturing Services, I, Inc.,

Appellee.

On Appeal from No. D-1-GN-09-004416, in the 353rd Judicial District Court, Travis County Honorable Orlinda Naranjo, Presiding

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANTS

TO THE HONORABLE COURT OF APPEALS:

Appellants Dennis Draper, Greg Hadley, and Charles Huston (the Individual

Guarantors) file this Second Unopposed Motion for Extension of Time to File their

Brief of Appellants, and in support states as follows:

1. Appellants’ brief is currently due on September 23, 2015. Appellants

seek a seven-day extension of the deadline, and request that the deadline be

1 extended to September 30, 2015. This is Appellants’ second request for an

extension.

2. The extension is sought to correct a defect in the record. Upon

finalizing the Brief of Appellants, it became apparent that the transcript for the

proceedings for the afternoon of April 15, 2015 are not included in Volume 2 of

the Reporter’s Record, which only contains the proceedings from the morning

session of trial. This oversight was not initially detected because while drafting the

brief of Appellants counsel worked off of the unofficial version of the transcript for

the afternoon proceedings rather than the official volume. Only when citations

were being inserted did the omission become apparent. The transcripts of the

proceedings were properly requested and timely paid for – it appears that the

failure to include both segments of the day’s proceedings was simply an oversight.

3. The extension will permit the Appellants’ Brief to be filed with

correct citations to the official record, which should aid both the court and

opposing counsel. No party will be prejudiced by this extension.

4. The undersigned has been in contact with the official court reporter

who indicated that a supplemental reporter’s record will be filed in the immediate

future.

5. This motion is not opposed.

2 PRAYER FOR RELIEF

Appellants thus respectfully request that this Court grant the extension until

September 30, 2015.

Respectfully submitted,

/S/ Michael S. Truesdale Michael S. Truesdale

LAW OFFICE OF MICHAEL S. TRUESDALE, PLLC State Bar No. 00791825 801 West Avenue, Suite 201 Austin, TX 78701 512-482-8671 866-847-8719 (fax) mike@truesdalelaw.com Counsel for Dennis Draper, Greg Hadley and Charles Huston CERTIFICATE OF CONFERENCE

I certify that I conferred with Christopher Kratovil (appellate counsel for Appellee Austin Manufacturing Services I, Inc.) and was informed that he does not oppose the relief requested herein.

/s/ Michael S. Truesdale Michael S. Truesdale

3 CERTIFICATE OF SERVICE On September 23, 2015, the undersigned certifies that he served a copy of this Motion for Extension of Time on the following via e-service, in compliance with Texas Rules of Appellate Procedure 9.5 and 25.1(e):

Brian A. Colao Shane M. Boasberg bcolao@dykema.com shaneb@law-smb.com Christopher Kratovil The Law Offices of Shane M. ckratovil@dykema.com Boasberg, P.C. Dykema Gossett PLLC 2901 Bee Caves Road, 1717 Main Street, Suite 4000 Commissioner’s House, Box E Dallas, Texas 75201 Austin, Texas 78746

Counsel for Appellee Austin Counsel for Assistant Pro, Inc., TQI Manufacturing Services Corporation, and Darryl Cornish

/s/ Michael S. Truesdale Michael S. Truesdale SBN 00791825