Edna A. Martinez v. State Office of Risk Management

Opinion

ACCEPTED 04-14-00558-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/4/2015 11:41:00 AM KEITH HOTTLE CLERK

CAUSE NO. 04-14-00558-CV FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS IN THE COURT OF APPEALS 3/4/2015 11:41:00 AM FOURTH COURT OF KEITH APPEALS DISTRICT, SAN ANTONIO, E. HOTTLE TEXAS Clerk

EDNA A. MARTINEZ APPELLANT v. STATE OFFICE OF RISK MANAGEMENT APPELLEE

On Appeal from the 37th Judicial District Court, Bexar County, Texas, Cause No. 2001-Cl-17102

APPELLEE'S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE'S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW the Appellee, THE STATE OFFICE OF RISK

MANAGEMENT, by and through the undersigned Assistant Attorney General, and

would respectfully request an extension of time in which to file its Appellee's Brief.

Appellant is Edna A. Martinez. Appellant's Brief was filed on February 9, 2015,

making Appellee's Brief due on March 11, 2015. Due to its counsel's schedule and

workload, and pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate

Procedure, Appellee requests an additional 30 days to prepare its Appellee's Brief. As the 30 day deadline from March 11, 2015 would fall on Saturday, April 11, 2015,

Appellee requests Appellee's Briefbe due on Monday, April 13, 2015.

Due to a heavy caseload, counsel for Appellee has been required to travel for

work to attend meetings and hearings, and has therefore been required to be out of

the office for several full days during February of 2015. Also during February 2015,

Counsel for Appellee has been required to draft several pleadings and motions,

participate in settlement negotiations, and tend to many other time-sensitive day to

day matters on behalf of her clients. In addition, counsel for Appellee is currently

scheduled to attend trial beginning March 9, 2015, in the 105 1h Judicial District Court

of Kleberg County, Texas. As such, counsel for Appellee has not had adequate time

in which to prepare the Appellee' s Brief.

This is Appellee' s first request for an extension of time to file its Appellee' s

Brief. There is no date set for submission or oral argument in this case. This motion

is filed on or before the deadline to file Appellee's Brief. Appellee has contacted

attorney for Appellant, Kenneth Howell, and he is unopposed to this Motion. This

extension is not sought for delay, but is necessary so that justice may be done.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellee, THE STATE

OFFICE OF RISK MANAGEMENT, respectfully requests the Court grant its

motion and extend the time for filing its brief up to and including 30 days making its brief due on April 13, 2015. Appellee prays for such further relief to which it

may be justly entitled.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DA VIS Deputy Attorney General for Civil Litigation

KARA L. KENNEDY Division Chief, Tort Litigation Division

Assistant Attorney General State Bar No. 24063075 Tort Litigation Division, MC-030 P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 4 75-2036 FAX: (512) 463-2224 Emily.jakobeit@texasattorneygeneral.gov CERTIFICATE OF CONFERENCE

I hereby certify that on the 3rd day of March, 2015, I contacted Kenneth Howell, attorney for Appellant, and on the 4th day of March 2015 he indicated he is unopposed to this First Motion for Extension of Time to File Appellee's Brief.

Emily R: Jakbbeit Assistant Attorney General

CERTIFICATE OF SERVICE

I certify that o~

Mr. Kenneth W. Howell Via £-Service Attorney at Law 629 S. Presa San Antonio, Texas 78210 (210) 227-6305 (210) 227-6327

Emily Assistant Attorney General