Latisha McFadden v. Greg Olesky and Rogelio Sanchez

Opinion

ACCEPTED 03-16-00067-CV 12073043 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/9/2016 2:34:13 PM JEFFREY D. KYLE CLERK NO. 03-16-00067-CV

IN THE COURT OF APPEALS FILED IN FOR THE THIRD DISTRICT OF TEXAS3rd COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 8/9/2016 2:34:13 PM JEFFREY D. KYLE LATISHA MCFADDEN, Clerk

Appellant,

v.

GREG OLESKY AND ROGELIO SANCHEZ, Appellees.

ON APPEAL FROM THE 353rd DISTRICT COURT OF TRAVIS COUNTY, TEXAS, CAUSE NO. D-1-GN-04-001222

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF

ANNE L. MORGAN, CITY ATTORNEY MEGHAN L. RILEY, CHIEF, LITIGATION H. GRAY LAIRD III State Bar No. 24087054 Assistant City Attorney City of Austin Law Department P. O. Box 1546 Austin, Texas 78767-1546 (512) 974-1342 (Telephone) (512) 974-1311 (Facsimile) gray.laird@austintexas.gov COUNSEL FOR APPELLEES TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellees Greg Olesky

and Rogelio Sanchez, file this Unopposed Second Motion to Extend Time to File

Appellees’ Brief.

Appellees’ brief is currently due on August 17, 2016.

Counsel for Appellees requests a 21-day extension of time to file their brief,

making the brief due on September 7, 2016. This is the second request for

extension of time to file the Appellee’s brief.

Counsel for Appellees relies on the following reasons to explain the need for

the requested extension:

1. During the course of reviewing the trial court record in this case and preparing the Appellees’ brief, counsel for Appellees discovered that a portion of Appellee Rogelio Sanchez’s trial testimony was missing from the trial transcript which was filed by the court reporter . Specifically, the direct examination of Sanchez conducted by counsel for Appellees is not contained within the transcript filed as the reporter’s record, although it had previously been designated by Appellant to be included in the trial court record. Counsel for Appellees has notified the court reporter and requested that the direct exam of Sanchez be transcribed and filed as an amendment to the reporter’s record. The court reporter has advised counsel for Appellees that the amended reporter’s record likely will not be completed until the week of August 15, 2016.

2. Since Appellee’s brief is currently due on August 17, 2016, counsel for Appellees seeks this extension of time in order to have sufficient time to review the amended court reporter’s record and to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done.

Page 2 of 4 The undersigned has conferred with opposing counsel, and he has indicated

that his client does not oppose this motion.

All facts recited in this motion are within the personal knowledge of the

counsel signing this motion, therefore no verification is necessary under Rule of

Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellees request that this Court grant this

Unopposed Second Motion to Extend Time to File Appellee’s Brief and extend the

Deadline for Filing the Appellee’s Brief up to and including September 7, 2016.

Appellees further request all other relief to which they may be entitled.

Respectfully submitted, /s/ H. Gray Laird III H. Gray Laird State Bar No. 24087054 Assistant City Attorney City of Austin Law Department P. O. Box 1546 Austin, Texas 78767-1546 (512) 974-1342 (Telephone) (512)974-1311 (Facsimile) gray.laird@austintexas.gov Counsel for Appellees

CERTIFICATE OF CONFERENCE

I certify that I conferred with counsel for Appellant regarding this motion on

August 9, 2016 and that Appellant is not opposed to this motion.

/s/ H. Gray Laird III H. Gray Laird III

Page 3 of 4 CERTIFICATE OF SERVICE

I certify that on August 9, 2016, I served a copy of this motion to the

following counsel by electronic service:

Donald J. McCarthy 808 W. 11th Street Austin, TX 78701 512-477-1901 (facsimile) Counsel for Appellant

/s/ H. Gray Laird III H. Gray Laird III

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