Jeffrey A. Lipscomb v. City of Dallas

Opinion

ACCEPTED 05-17-00675-CV FIFTH COURT OF APPEALS DALLAS, TEXAS 1/30/2018 5:38 PM LISA MATZ CLERK

No. 05-17-00675-CV

FILED IN 5th COURT OF APPEALS IN THE COURT OF APPEALS DALLAS, TEXAS FOR THE FIFTH JUDICIAL DISTRICT OF 1/30/2018 5:38:04 PM TEXAS AT DALLAS LISA MATZ Clerk

JEFFREY A. LIPSCOMB, Appellant,

v.

CITY OF DALLAS, Appellee.

Appeal from the County Court at Law No. 5 of Dallas County, Texas Cause No. CC-16-04599-E

APPELLEE’S OPPOSED MOTION TO EXTEND TIME TO FILE RESPONSE TO APPELLANT’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

City of Dallas, Appellee, asks the Court to extend the time to file its response

to Appellant’s brief.

1. The Court has the authority under Rule 38.6 to grant appellee additional time

to file its reply.

1 2. No rule limits the time to file this motion to extend. See Tex. R. App. P.

38.6(d) (“A motion to extend the time to file a brief may be filed before or after the

date the brief is due.”).

3. Appellant’s brief was filed on August 28, 2017, and Appellee’s response to

Appellant’s brief was due on September 27, 2017. See Tex. R. App. P. 38.6(b)

(requiring the appellee’s brief to be filed within 30 days after the appellant’s brief is

filed).

4. However, the Court instructed Appellant to file a corrected brief by September

17, 2017.

4. Appellant failed to file his corrected brief.

5. Appellee’s counsel contacted the Honorable Court prior to Appellee’s brief

being due, and the clerk advised counsel that a new date would be issued for

Appellee to file its brief once Appellant filed his corrected brief. A new date was

not issued by the Court.

6. On December 20, 2017, the Court noted that the case was ready to be set.

7. On December 22, 2017, Appellant filed his corrected brief.

8. Consequently, Appellee filed its brief on December 29, 2017.

9. Appellee did not intentionally disregard the Court’s filing deadlines.

10. Appellee requests that the Court grant it an additional 92 days to file its

response, extending the time to have filed its response until December 29, 2017.

2 11. No extension has been granted to extend the time to file Appellee’s response

12. Appellee has been unable to confer with Appellant pertaining to the extension

due to the Appellant not providing Appellee with accurate contact information.

Therefore, Appellee presumes that this motion is opposed.

13. For these reasons, Appellee asks the Court to grant an extension of time to file

its response to Appellee’s brief until December 29, 2017.

3 Respectfully submitted,

LARRY E. CASTO Dallas City Attorney

/s/ Stefani R. Williams Stefani R. Williams Texas State Bar No. 24045316 stefani.williams@dallascityhall.com Barbara E. Rosenberg Texas Bar No. 17267700 barbara.rosenberg@dallascityhall.com James B. Pinson Texas Bar No. 16017700 james.pinson@dallascityhall.com

Assistant City Attorneys

City Attorney’s Office 1500 Marilla Street, Room 7D North Dallas, Texas 75201 Telephone: 214-670-3519 Telecopier: 214-670-0622

ATTORNEYS FOR APPELLEE

4 CERTIFICATE OF SERVICE

I hereby certify that on January 30, 2018, a copy of the foregoing document

was served in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure

(1) through an electronic filing manager (EFM) upon each person listed below if the

email address is on file with the EFM or (2) by email (if the address is available) and

first-class mail upon each person below who does not have an email on file with the

EFM:

Last Known Address Jeffrey A. Lipscomb 3102 Maple Ave. #600 Dallas, Texas 75201 Appellant pro se

/s/Stefani R. Williams Attorney for Appellee