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

Opinion

ACCEPTED 03-15-00429-CV 8281058 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/17/2015 11:27:59 AM 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 12/17/2015 11:27:59 AM 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

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

TO THE HONORABLE COURT OF APPEALS:

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

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

Brief of Appellants, and in support states as follows:

1. Appellee filed its Brief on December 14, 2015. Appellants’ Reply

Brief is currently due on January 4, 2016. Appellants seek a thirty-day extension

of the deadline, and request that the deadline be extended to February 3, 2016.

1 This is Appellants’ first request for an extension of the deadline to file its Reply

Brief.

2. The extension is sought to accommodate other matters on the schedule

of appellate counsel that have arisen since consent was given to extend the

deadlines for filing the brief of appellee. These include:

• 03-15-00447-CV, Austin Collision Center v. Barbara Pampalone,

Brief of Appellee Eric Hinojosa due December 18, 2015;

• 15-0791, City of Austin v. Canarao’s, Response to Petition for Review

due on December 21, 2015;

• 08-15-00219-CV, Target Strike v. Strasburger & Price, Brief of

Appellee due on January 12, 2016

• 15-0925, Town Center Mall v. Dyer, Petition for Review due on

January 15, 2016

• 05-14-01338, Premier Pool Management Corp v. Premier Pools, Inc.,

Reply Brief due January 15, 2016.

3. Counsel for Appellee does not oppose this motion .

4. This motion is not sought for delay but so that justice may be done.

PRAYER FOR RELIEF

Appellants thus respectfully request that this Court grant the extension until

February 3, 2016.

2 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.) (CKratovil@dykema.com ) and was informed that he does not oppose the relief requested herein.

/s/ Michael S. Truesdale Michael S. Truesdale

3 CERTIFICATE OF SERVICE On December 17, 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