Greenwood Motor Lines, Inc. D/B/A R+L Carriers and Steven C. Gaston v. Bobbie Bush

Opinion

ACCEPTED 05-14-01148-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 5/15/2015 2:22:27 PM LISA MATZ CLERK

05-14-01148-CV FILED IN 5th COURT OF APPEALS DALLAS, TEXAS IN THE 5/15/2015 2:22:27 PM LISA MATZ FIFTH COURT OF APPEALS Clerk

GREENWOOD MOTOR LINES, INC. D/B/A R+L CARRIERS AND STEVEN C. GASTON Appellants, y.

BOBBIE BUSH Appellee.

On Appeal from the 298th Judicial District Court Dallas County, Texas Cause Number DC-11-16041-M

APPELLANTS' SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' REPLY BRIEF(S)

BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, P . C . BOBBIE L . STRATTON JEFFREY W . HASTINGS 1301 McKinney Street, Suite 3700 Houston, Texas 77010 Telephone: 713/650-9700 Facsimile: 713/650-9701 Email: bstratton @ bakerdonelson.com Email: j bastings @ bakerdonelson.com

ATTORNEYS FOR APPELLANTS GREENWOOD MOTOR LINES, INC. D/B/A R+L CARRIERS AND STEVEN GASTON TO THE HONORABLE COURT OF APPEALS:

Appellants, Greenwood Motor Lines, Inc. d/b/a R+L Carriers and Steven C.

Gaston, move this Court to grant an extension of time of 14 days, until June 1,

2015 to file their reply brief(s), and respectfully state, as follows:

1. Appellants are Greenwood Motor Lines, Inc. d/b/a R+L Carriers and

Steven C. Gaston, and Appellee is Bobbie Bush.

Appellants sought one extension of 1 day to file their initial briefs.

Gaston's brief was filed on December 22, 2014. R+L's brief was filed shortly after

midnight on December 23, and R+L sought a short extension until December 23 to

complete the filing of its brief.

Appellee's briefs were then due to be filed on January 22, 2015 and

January 28, 2015. Appellee's counsel sought an extension until February 23, 2015

to align deadlines and complete her responsive briefs, and she then sought a second

extension until March 25 to accommodate counsel's schedule. Appellee filed her

responsive brief on March 25, 2015.

4 Appellants' Reply Brief(s) then became due on April 14, 2015.

Appellants' counsel sought an extension until May 18, 2015.

5. Appellants now seek a second extension of 14 days to file their Reply

Brief(s). Appellants' lead appellate counsel has encountered personal issues with

sick children, which has not allowed her adequate time to complete the preparation

1 of Appellants' Reply Brief(s). Additionally, other appellate counsel has been

preparing for trial in two matters, one in Harris County and one in Cameron

County.

6. This is Appellants' second request for an extension of time to file their

Reply Brief(s).

7. This extension of time is requested to give Appellants adequate time

to properly prepare their case on appeal.

8. Counsel for Appellee, Mr. Russell Post, has indicated he is unopposed

to this request.

PRAYER

For these reasons herein, Appellants Greenwood Motor Lines, Inc. d/b/a

R+L Carriers and Steven C. Gaston ask the Court to grant an extension of time

until June 1, 2015 to file their Reply Brief(s). Appellants also ask for any other

relief to which they may be justly entitled.

2 Respectfully submitted,

BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P C

/s/ Bobbie L. Stratton BOBBIE L. STRATTON Texas State Bar No. 24051394 Jeffrey W. Hastings Texas State Bar No. 09209150 1301 McKinney, Suite 3700 Houston, Texas 77010 Telephone: 713/650-9700 Facsimile: 713/650-9701 Email: bstratton@bakerdonelson.com Email: jhastings @bakerdonelson.com

ATTORNEYS FOR APPELLANTS GREENWOOD MOTOR LINES, INC. D/B/A R + L CARRIERS AND STEVEN GASTON

CERTIFICATE OF CONFERENCE

I hereby certify that on May 15, 2015 I conferred with Appellee's counsel,

Mr. Russell Post, and he indicated he is unopposed to this motion.

/s/ Bobbie L. Stratton Bobbie L. Stratton

CERTIFICATE OF COMPLIANCE

I hereby certify that Appellants' Motion for Extension of Time to File

Appellants' Reply Brief(s) contains 348 words.

3 CERTIFICATE OF SERVICE

I hereby certify that on the 15th of May, 2015 a true and correct copy of the

foregoing was sent by U.S. mail, facsimile, or by electronic service where allowed,

as follows:

Mr. Russell S. Post Texas Bar No. 00797258 Mr. William R. Peterson Texas Bar No. 24065901 Beck Redden LLP 1221 McKinney, Suite 4500 Houston, Texas 77010 Telephone: 713/951-3700 Facsimile: 713/951-3720

/s/ Bobbie L. St ration Bobbie L. Stratton