Dennis Draper, Greg Hadley, and Charles Huston v. Austin Manufacturing Services I, Inc.
Opinion
ACCEPTED
03-15-00429-CV
7253761
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/6/2015 3:03:45 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 10/6/2015 3:03:45 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 353rd Judicial District Court, Travis County In the 353rd Honorable Orlinda Naranjo, Presiding
UNOPPOSED M UNOPPOSED MOTION TOEEXTEND OTION TO XTEND TTIME
IME TTo
OFFILE
ILE
APPELLEE’S BRIEF APPELLEE'S BRIEF ON THE M MERITS
ERITS
DYKEMA C DYKEMA COX SMITH
OX SMITH
Christopher D. Kratovil State Bar No. 24027427 Email: ckratovil@dykema.com chatovil@dykema.com
Kristina M. Williams State Bar No. 24078303 Email: kwilliams@dykema.com 1717 Main Street, Suite 4200 Dallas, Texas 75201 (214) 462-6400 - Telephone (214) 462-6401 - Facsimile
COUNSEL FOR APPELLEE
TO TO THE HONORABLE THIRD THE HONORABLE COURT OF THIRD COURT APPEALS:
OF APPEALS:
Appellee Austin Appellee Manufacturing Services, Austin Manufacturing Services, I, I, Inc.
Inc.("Appellee")
(“Appellee”)
respectfully respectfullyrequests requestsaa thirty-day
thirty-day (30)
(30) extension
extension of
of time,
time, until and
until and
through Monday, November through Monday, November 30, 30, 2015,1
2015,1 under
under Texas
Texas Rule
Rule of
of Appellate
Appellate
Procedure 38.6(d), to Procedure 38.6(d), to file file Appellee’s
Appellee's Brief
Briefon
onthe
the Merits
Merits in
in this proceeding.
this proceeding.
No No party party opposes opposes or or objects
objectstotothis
thisrequest
request for
foran
an extension
extensionof
oftime. In
time. In
support of this support of this Motion, Motion, Appellee
Appellee shows
shows as
as follows:
follows:
I. I.
Background Background and
and Reasons
Reasons for
for Extension
Extension
Appellants filed Appellants filed aa notice notice of
of appeal
appeal on
on July
July 14, 2015. Appellants'
14, 2015. Appellants’
Brief Brief was was originally originally due
due no
no later
later than September 16,
than September 16, 2015. Appellants 2015. Appellants
filed an filed Unopposed Motion an Unopposed Motion for for Extension of Time
Extension of Time to file Brief to file Brief of
of Appellants
Appellants
on September on September 15, 15, 2015. This Court
2015. This Court granted
granted Appellants'
Appellants’ Motion,
Motion, setting
setting
the due date the due date for for Appellants'
Appellants’ Brief
Brief as September 23,
as September 23, 2015. Appellants filed 2015. Appellants filed
a second Unopposed a second Unopposed Motion Motionfor
for Extension
Extensionofof Time
Time to file Brief
to file Brief of
of
Appellants on Appellants on September September23,
23, 2015. This Court
2015. This Court granted granted Appellants'
Appellants’
Motion, setting Motion, setting the due date the due date for
for Appellants'
Appellants’ Brief
Brief on
on September
September 30,
30, 2015.
2015.
Appellants filed Appellants filed their Brief on their Brief on the Merits on the Merits on September
September 30,
30, 2015. As such,
2015. As such,
11 The thirtieth day following October 30, 2015 is Sunday, November 29, 2015. Pursuant The thirtieth day following October 30, 2015 is Sunday, November 29, 2015. Pursuant to Texas Rule of Appellate Procedure 4.1, if the last day of a period is a Sunday, the period extends to the following Monday. In In this
this case,
case, the
the following
following Monday
Monday is Monday, November 30, 2015.
Appellee’s Response Appellee's ResponseBrief Briefon
onthe
the Merits
Merits is presently due
is presently due on
on Friday,
Friday,
October October 30, 30, 2015.
2015. See TEX. R.
See TEX. R. A PP. P.
APP. P. 38.6(b).
38.6(b).
Appellee seeks Appellee seeks to to extend
extend this deadline for
this deadline for their
their Brief
Brief because
because
undersigned counsel is undersigned counsel is presently presently scheduled
scheduled to:
to: (a)
(a) submit
submit Appellee's
Appellee’s Brief
Brief
on the on Merits in the Merits in the the United
United States
States Court
Court of
of Appeals
Appeals for
for the
the Fifth
Fifth Circuit
Circuit in
in
Jeffrey Jeffrey Baron, Baron, et et al.
al. v.
v. Daniel
Daniel J. Sherman, et
J. Sherman, al., Case
et al., No. 15-10341, Case No. 15-10341, on
on
Thursday, November 5, Thursday, November 5, 2015;
2015; (b)
(b) submit
submit an Amici Curie
an Amici Brief in
Curie Brief in United
United
States v. Ortiz States v. by Wednesday, Ortiz by Wednesday, November November 11,
11, 2015,
2015, in
in the
the Supreme Court of
Supreme Court of
the United States, the United States, at atthe
therequest
requestof of
thethe ColoradoCongressional Colorado Congressional
Delegation; and Delegation; and (c)
(c) take and defend
take and defend several
several depositions
depositions in
in Weatherford
Weatherford
International, LLC v. International, LLC v. Michael Michael McKeachnie,
McKeachnie, et al., No.
et al., 1:15-cv-01320-MSK-
No. 1:15-cv-01320-MSK-
KLM, KLM, pending pendingin in the
the United
United States District Court States District Court for for the
the District
District of
of
Colorado, and KLX Colorado, and KLX Energy Energy Services,
Services, LLC, et al.
LLC, et al. v.v.Weatherford Weatherford
International, LLC, No. International, LLC, 2015-34686, pending No. 2015-34686, pendingininthe the295th Judicial
295th Judicial
District Court, District Court, Harris Harris County,
County, Texas,
Texas, beginning
beginning on
on October
October 15,
15, 2015
2015 and
and
through November 25, through November 25,2015. In order 2015. In order to
to allow
allow counsel
counsel to
to fulfill
fulfill these
these
preexisting preexisting and substantial case and substantial caseobligations, obligations, Appellee
Appellee respectfully
respectfully
requests requests aa thirty thirty(30)
(30) day
day extension
extension of
of time
time to
to file
file it's
it’s Response
Response Brief
Brief on
on
the Merits in the Merits in this this matter. See T
matter. See EX. R.
TEX. R. A PP. P.
APP. P. 38.6(d).
38.6(d).
II. II.
Unopposed Request Unopposed Request for for Extension of Time
Extension of Time and
and Prayer
Prayer
Appellee requests Appellee requests that the time that the time to
to file
file their
their Response
Response Brief
Brief on
on the
the
Merits be Merits be extended extended thirty
thirty (30)
(30) days
days from
from October
October 30,
30, 2015,
2015, until and
until and
including Monday, including Monday, November November 30,
30, 2015.
2015. See TEX. R.
See TEX. R.AAPP.
PP. P.P.38.6(d).
38.6(d). This
This
relief relief is not sought is not sought for for the purpose of
the purpose of delay,
delay, but
but so
so that justice may
that justice may be
be
done done in in the disposition of the disposition of the the case.
case.
For these reasons, For these reasons, Appellee Appellee Austin
Austin Manufacturing
Manufacturing Services,
Services, I, Inc.
I, Inc.
respectfully respectfully requests requests that
that the Court grant
the Court grant this
this Motion
Motion to extend the
to extend due
the due
date for the date for the Response Response Brief
Brief on
on the Merits in
the Merits in this
this proceeding
proceeding by
by thirty (30)
thirty (30)
days, until and days, until and including includingMonday,
Monday, November
November 30,
30, 2015.
2015.
Respectfully submitted,
/s/ Christopher D. Kratovil DYKEMA DYKEMA C COX
OX SMITH
SMITH
Christopher D. Kratovil State Bar No. 24027427
chatovil@dykema.com
Email: ckratovil@dykema.com Kristina M. Williams State Bar No. 24078303 Email: kwilliams@dykema.com 1717 Main Street, Suite 4200 Dallas, Texas 75201 (214) 462-6400 - Telephone (214) 462-6401 - Facsimile
COUNSEL FOR APPELLEE AUSTIN MANUFACTURING SERVICES, I, INC.
CERTIFICATE OF CONFERENCE
accordance with the Texas Rules of Appellate Procedure, In accordance Procedure, I certify that I
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