Maribel Ambriz Martinez, Guadalupe Mota, Rosa Nelly Trevino v. Alfredo Gonzalez

Opinion

ACCEPTED 01-14-00552-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/10/2015 2:32:31 PM CHRISTOPHER PRINE CLERK

No. 01-14-00552-CV

*** FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS IN THE COURT OF APPEALS 4/10/2015 2:32:31 PM FIRST COURT OF APPEALS DISTRICT CHRISTOPHER A. PRINE Clerk HOUSTON, TEXAS

***

MARIBEL AMBRIZ MARTINEZ, GUADALUPE MOTA, AND ROSA NELLY TREVINO, Appellants, v.

ALFREDO GONZALEZ, Appellee.

*** On Appeal from the 365th Judicial District Court of Maverick County, Texas *** APPELLANTS’ SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

TO THE HONORABLE FIRST COURT OF APPEALS:

MARIBEL AMBRIZ MARTINEZ, GUADALUPE MOTA, and

ROSA NELLY TREVINO, Appellants in this matter, respectfully file

this motion requesting an extension of time to file their reply brief in

this cause. By this motion, Appellants seek an extension of 21 days

from the current due date of April 15, 2015 to May 6, 2015. Counsel for

Appellee does not oppose the relief sought by this motion. I.

Following two extensions of time, Appellants filed their brief on

December 5, 2014. Appellee likewise received two extensions of time to

file his brief and filed that brief on March 6, 2015. Appellants have

previously filed one motion for extension of time -- and were granted an

additional 20 days -- to file their reply brief, which is presently due to be

filed on or before April 15, 2015.

II.

In the time preceding the due date for Appellants’ reply brief, the

undersigned has had the following commitments that have prevented

immediate work on the brief and its completion by the current deadline.

Those commitments include, but are not limited to, the following:

(1) legal research concerning post-verdict motions and potential

appellate issues in Marshall v. Catholic Health Initiatives, Inc., Civil

Action No. 11-CI-00972, in the 27th Judicial Circuit, Laurel Circuit

Court Division II, of the Commonwealth of Kentucky by March 31,

2015;

(2) preparing responses to multiple motions for summary

judgment by April 2, 2015 in Cause No. 2014-CVT000757-D3, Trevino,

Appellants’ Second Unopposed Motion for Extension of Time to File Reply Brief 2

et al. v. Union Pumping, L.P., et al., pending in the 341st Judicial

District Court of Webb County, Texas;

(3) extensive legal research to facilitate revision of pleadings

and discovery in Cause No. 13-2531, Carlton v. Media Nation Outdoor,

LLC, et al., in the 22nd Judicial District Court of Hays County, Texas

by April 9, 2015; and

(4) family and religious commitments over the extended Holy

Week holiday (April 3, 2015 through April 5, 2015).

III.

In light of the foregoing, Appellants respectfully request a 21-day

extension of time, from April 15, 2015 to May 6, 2015, to file their reply

brief.

IV.

This extension is not sought for purposes of delay. It is requested

because of the above-mentioned circumstances, along with the regular

interruptions of a busy law practice.

WHEREFORE, PREMISES CONSIDERED, Appellants Maribel

Ambriz Martinez, Guadalupe Mota, and Rosa Nelly Trevino respectfully

request that this motion be granted and that the time for filing their

Appellants’ Second Unopposed Motion for Extension of Time to File Reply Brief 3

brief be extended by 21 days from April 15, 2015 to May 6, 2015.

Appellants also respectfully pray for such other and further relief to

which they may be entitled.

Respectfully submitted,

WATTS GUERRA, LLP LAW OFFICE OF MICHAEL MILLER Michael J. Murray Michael Miller State Bar No. 24007721 State Bar No. 00788060 mmurray@wattsguerra.com mmiller@michaelmillerlaw.com Francisco Guerra IV 926 Chulie Drive State Bar No. 00796684 San Antonio, Texas 78216 fguerra@wattsguerra.com (210) 225-6666 (telephone) Shalimar S. Wallis State Bar No. 24033191 swallis@wattsguerra.com 300 Convent Street, Suite 100 San Antonio, Texas 78205 (210) 527-0500 (telephone)

/s/ Michael J. Murray . Michael J. Murray

ATTORNEYS FOR APPELLANTS

Appellants’ Second Unopposed Motion for Extension of Time to File Reply Brief 4

CERTIFICATE OF CONFERENCE

Pursuant to Texas Rule of Appellate Procedure 10.1(a)(5), on April

10, 2015, the undersigned conferred with Ms. Elizabeth Conry Davidson,

attorney for Appellee. Ms. Davidson advised that Appellee does not

oppose the relief Appellants seek by this motion.

/s/ Michael Murray . Michael J. Murray

CERTIFICATE OF SERVICE

I certify that the foregoing document was electronically filed with

the Clerk of the Court using the electronic filing system of the Court. I

also certify that a true and correct copy of the foregoing was served via

e-service or e-mail on the following counsel of record on April 10, 2015:

Carl J. Kolb Elizabeth Conry Davidson CARL J. KOLB, P.C. Attorney at Law 926 Chulie Drive 926 Chulie Drive San Antonio, Texas 78216 San Antonio, Texas 78216

Counsel for Appellee Alfredo Gonzalez

Appellants’ Second Unopposed Motion for Extension of Time to File Reply Brief 5