Los Fresnos Consolidated Independent School District and Michael L. Williams, Commissioner of Education v. Jorge Vazquez

Court of Appeals of Texas·Decided February 6, 2015·No. 03-14-00629-CV·Published

Opinion

ACCEPTED 03-14-00629-CV 4048578 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/6/2015 9:47:40 AM JEFFREY D. KYLE CLERK NO. 03-14-00629-CV

FILED IN In The Court Of Appeals 3rd COURT OF APPEALS For The Third Court Of Appeals District AUSTIN, TEXAS Austin, Texas 2/6/2015 9:47:40 AM JEFFREY D. KYLE Clerk

LOS FRESNOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT and Michael L. WILLIAMS, Commissioner of Education, State of Texas, Appellants v. Jorge VAZQUEZ, Appellee

On Appeal from the 419th Judicial District Court of Travis County, Texas; Cause No. D-1-GN-13-003654; before the Honorable Scott H. Jenkins

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

BRIM ARNETT & ROBINETT, P.C. Mark Robinett State Bar No. 17083600 2525 Wallingwood Drive, Bldg. 14 Austin, Texas 78746 Telephone: (512) 328-0048 Facsimile: (512) 328-4814 Email: mrobinett@brimarnett.com

Counsel for Jorge Vazquez Identity of Parties and Counsel

Appellee/Defendant: Appellee’s Appellate Counsel:

Brim Arnett & Robinett, P.C. Mark W. Robinett State Bar No. 17083600 2525 Wallingwood Drive, Bldg. 14 Austin, Texas 78746 Telephone: (512) 328-0048 Facsimile: (512) 328-4814 Email: mrobinett@brimarnett.com

Appellant/Plaintiffs: Appellant’s Appellate Counsel:

Jennifer Hopgood Assistant Attorney General Office of the Attorney General of Texas Administrative Law Division PO Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1660 Facsimile: (512) 320-0167 jennifer.hopgood@texasattorneygeneral.gov Counsel for the Commissioner of Education

Stacy Tuer Castillo Walsh, Anderson, Gallegos, Green & Trevino, P.C. 100 NE Loop 410, Suite 900 San Antonio, Texas 78216 Telephone: (210)979-6633 Facsimile: (210)979-7024 Email: scastillo@wabsa.com Counsel for Los Fresnos ISD

2 TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, Jorge Vazquez (“Vazquez”),

files this Unopposed First Motion to Extend Time to File Appellee’s Brief.

Vazquez’s opening brief is currently due on February 16, 2015.

Counsel for Vazquez requests a 30-day extension of time to file its brief, making the brief

due on March 18, 2015. This is the Appellee’s first request for extension of time to file his

opening brief.

Counsel for Vazquez relies on the following reasons, in addition to the routine

matters that counsel must attend to in daily practice, to explain the need for the requested

extension:

 Counsel for Vazquez has been out of the office for extended periods, traveling to

serve the needs of his clients around the state, and;

 Counsel for Vazquez has been preparing and trying a case for another individual

during January and February, which has required the majority of his time and

focus.

Counsel for Vazquez seeks this extension of time to be able to prepare an appropriate

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.

Appellee’s counsel has conferred with Jennifer Hopgood and Stacey Castillo, counsel for

the Appellants, and they have indicated that their clients do not oppose this motion.

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

this motion; therefore no verification is necessary under Texas Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellee requests that this Court grant this Unopposed

First Motion to Extend Time to File Appellee’s Brief and extend the deadline for filing the

Appellee’s Brief up to and including March 18, 2015. Vazquez requests all other relief to

which he may be entitled.

Respectfully submitted,

BRIM ARNETT & ROBINETT, P.C.

/s/ Mark W. Robinett Mark W. Robinett State Bar No. 17083600 2525 Wallingwood Drive, Bldg. 14 Austin, Texas 78746 Telephone: (512) 328-0048 Facsimile: (512) 328-4814 Email: mrobinett@brimarnett.com

Attorney for Jorge Vazquez

CERTIFICATE OF CONFERENCE

Pursuant to TEX. R. APP. P. 10.1(5), I certify that appellant’s counsel has conferred with opposing counsel who indicated that their clients do not oppose this motion.

/s/ Mark W. Robinett Mark W. Robinett

4 CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that on February 6, 2015, a copy of this motion was sent via the Court’s electronic filing system and via email to the following:

Jennifer Hopgood Assistant Attorney General Office of the Attorney General of Texas Administrative Law Division PO Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1660 Facsimile: (512) 320-0167 Email: jennifer.hopgood@texasattorneygeneral.gov Counsel for the Commissioner of Education

/s/ Mark W. Robinett Mark W. Robinett

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ACCEPTED 03-14-00629-CV 4048578 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/6/2015 9:47:40 AM JEFFREY D. KYLE CLERK NO. 03-14-00629-CV

FILED IN In The Court Of Appeals 3rd COURT OF APPEALS For The Third Court Of Appeals District AUSTIN, TEXAS Austin, Texas 2/6/2015 9:47:40 AM JEFFREY D. KYLE Clerk

LOS FRESNOS CONSOLIDATED INDEPENDENT SCHOOL DISTRICT and Michael L. WILLIAMS, Commissioner of Education, State of Texas, Appellants v. Jorge VAZQUEZ, Appellee

On Appeal from the 419th Judicial District Court of Travis County, Texas; Cause No. D-1-GN-13-003654; before the Honorable Scott H. Jenkins

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

Counsel for Jorge Vazquez Identity of Parties and Counsel

Appellee/Defendant: Appellee’s Appellate Counsel:

Appellant/Plaintiffs: Appellant’s Appellate Counsel:

2 TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, Jorge Vazquez (“Vazquez”),

files this Unopposed First Motion to Extend Time to File Appellee’s Brief.

Vazquez’s opening brief is currently due on February 16, 2015.

Counsel for Vazquez requests a 30-day extension of time to file its brief, making the brief

due on March 18, 2015. This is the Appellee’s first request for extension of time to file his

opening brief.

Counsel for Vazquez relies on the following reasons, in addition to the routine

matters that counsel must attend to in daily practice, to explain the need for the requested

extension:

 Counsel for Vazquez has been out of the office for extended periods, traveling to

serve the needs of his clients around the state, and;

 Counsel for Vazquez has been preparing and trying a case for another individual

during January and February, which has required the majority of his time and

focus.

Counsel for Vazquez seeks this extension of time to be able to prepare an appropriate

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.

Appellee’s counsel has conferred with Jennifer Hopgood and Stacey Castillo, counsel for

the Appellants, and they have indicated that their clients do not oppose this motion.

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

this motion; therefore no verification is necessary under Texas Rule of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellee requests that this Court grant this Unopposed

First Motion to Extend Time to File Appellee’s Brief and extend the deadline for filing the

Appellee’s Brief up to and including March 18, 2015. Vazquez requests all other relief to

which he may be entitled.

Respectfully submitted,

BRIM ARNETT & ROBINETT, P.C.

/s/ Mark W. Robinett Mark W. Robinett State Bar No. 17083600 2525 Wallingwood Drive, Bldg. 14 Austin, Texas 78746 Telephone: (512) 328-0048 Facsimile: (512) 328-4814 Email: mrobinett@brimarnett.com

Attorney for Jorge Vazquez

CERTIFICATE OF CONFERENCE

Pursuant to TEX. R. APP. P. 10.1(5), I certify that appellant’s counsel has conferred with opposing counsel who indicated that their clients do not oppose this motion.

/s/ Mark W. Robinett Mark W. Robinett

4 CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that on February 6, 2015, a copy of this motion was sent via the Court’s electronic filing system and via email to the following:

Jennifer Hopgood Assistant Attorney General Office of the Attorney General of Texas Administrative Law Division PO Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1660 Facsimile: (512) 320-0167 Email: jennifer.hopgood@texasattorneygeneral.gov Counsel for the Commissioner of Education

/s/ Mark W. Robinett Mark W. Robinett

Los Fresnos Consolidated Independent School District and Michael L. Williams, Commissioner of Education v. Jorge Vazquez, (Tex. Ct. App. 2015).

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