Skyline EMS Inc. and Juan "Johnny" Cordero v. AR Concepts Inc.

Opinion

ACCEPTED

04-15-00070-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS 4/8/2015 10:47:50 AM

KEITH HOTTLE

CLERK

No. 04-15-00070-CV

FILED IN

In The Fourth Court Of Appeals 4th COURT OF APPEALS SAN ANTONIO, TEXAS

San Antonio, Texas 4/8/2015 10:47:50 AM KEITH E. HOTTLE

Clerk

SKYLINE EMS, INC. AND JUAN “JOHNNY” CORDERO Appellants,

v.

AR CONCEPTS, INC.

Appellee.

ON APPEAL FROM THE 224th DISTRICT COURT, Bexar COUNTY, TEXAS TRIAL COURT CAUSE NO. 2014CI15618

APPELLANTS’ UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF

RYAN LAW FIRM, LLP

Doug Sigel

Texas Bar No. 18347650 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601 Skyline EMS, INC. And Juan “Johnny” Cordero

Identity of Parties and Counsel

Appellants/Defendants: Defendants/Appellants’ Appellate Counsel:

RYAN LAW FIRM, LLP Doug Sigel Texas Bar No. 18347650 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601 Doug.Sigel@ryanlawllp.com

Appellee/Plaintiff: Plaintiff/Appellee’s Appellate Counsel:

David Henry Cavazos IV The Cavazos Law Firm PC 609 N. Laurel Street El Paso, Texas 79903 Telephone: (915) 227-7515 Facsimile: (915) 808-2558 davidcavazos@davidcavazos.com

TO THE HONORABLE FOURTH COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellants, Skyline EMS,

Inc. & Juan “Johnny” Cordero file this Unopposed First Motion to Extend Time to

File Appellants’ Brief.

The Appellants’ Brief is currently due on April 13, 2015.

Counsel for Appellants request a 30-day extension of time to file its

Appellants’ Brief, making the brief due on May 13, 2015. This is the first request

for extension of time to file the Appellants’ Brief.

Counsel for Appellants 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:

• The undersigned counsel will be traveling out-of-state on firm-related

matters on April 8, 2015.

• The undersigned counsel for Fitness International, LLC, is preparing for a

deposition in the case, styled Fitness International, LLC, v. Glenn Hegar,

Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney

General of The State of Texas; Cause No. D-1-GN-14-003869; in the 98th Judicial

District Court of Travis County, Texas, to be held on April 9, 2015.

• The undersigned counsel for Kroger Texas, L.P., is preparing for a hearing

in the case, styled Kroger Texas, L.P., v. Glenn Hegar, Comptroller of Public

Accounts of the State of Texas, and Ken Paxton, Attorney General of The State of

Texas; Cause No. D-1-GN-14-001929; in the 201st Judicial District Court of Travis

County, Texas, to be held on April 13, 2015.

Counsel for Appellants’ seeks this extension of time to be able to prepare a

cogent and succinct brief to aid this Court in its analysis of the issues presented.

Given the other time commitments imposed on counsel, it will not be possible to

prepare the Appellants’ Brief by April 13, 2015. This request is not sought for delay

but so that justice may be done.

The undersigned has conferred with David Henry Cavazos IV, counsel for the

Plaintiff/Appellee, and he has indicated that he 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 Texas Rule

of Appellate Procedure 10.2.

PRAYER FOR RELIEF

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

Unopposed First Motion to Extend Time to File Appellants’ Brief and extend the

deadline for filing the Appellants’ Brief up to and including May 13, 2014.

Appellants request all other relief to which they may be entitled.

Respectfully submitted, RYAN LAW FIRM, LLP

/s/ Doug Sigel Doug Sigel Texas Bar No. 18347650 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601 Doug.Sigel@ryanlawllp.com

Attorney For Appellants Skyline EMS, INC. and Juan “Johnny” Cordero

CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred with opposing counsel, David Henry Cavazos IV, on April 8, 2015, and Mr. Cavazos is not opposed to this motion.

/s/ Doug Sigel Doug Sigel

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Appellants’ Unopposed First Motion to Extend Time to File Appellants’ Brief was served on Appellee, AR Concepts, Inc., through counsel of record, David Henry Cavazos IV, The Cavazos Law Firm PC, 609 N. Laurel Street, El Paso, Texas 79903, by electronic mail and electronic service on April 8, 2015.

/s/ Doug Sigel Doug Sigel