the City of Austin v. Donald Baker

Opinion

ACCEPTED 03-16-00580-CV 14404264 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/21/2016 1:20:12 PM JEFFREY D. KYLE CLERK No. 03-16-00580-CV No. 03-16-00607-CV (Consolidated Appeal) FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/21/2016 1:20:12 PM In the Third Court of Appeals JEFFREY D. KYLE Austin, Texas Clerk

CITY OF AUSTIN, Defendant - Appellant v. DONALD BAKER, Plaintiff - Appellee (No. 03-16-00580-CV)

and

AARON BISHOP, ALBERT CORTEZ, JR., AURELIO MARTINEZ, TOMAS MONTEZ, RICARDO PELAYO, RODERICK WESLEY, RONALD BOOKER, ERIC DELOSSANTOS, JOVITA LOPEZ, NORRIS MCKENZIE, OSCAR RAMIREZ, MONROE YARBROUGH, RICHARD BURNS, HENRY MORENO, JESSE PRADO, ET AL, Plaintiffs – Appellants v. THE CITY OF AUSTIN, Defendant – Appellee (No. 03-16-00607-CV)

Appeal from Cause No. D-1-GN-14-002459 345th Judicial District Court of Travis County, Texas

PARTIES’ JOINT MOTION TO EXTEND TIME TO FILE APPELLANT BRIEFS TO THE HONORABLE JUSTICES OF THIS COURT:

The City of Austin, Appellant in Appeal No. 03-16-00580-CV as to Donald

Baker, and Appellee in regard to the remaining plaintiffs’ appeal (No. 03-16-

00607-CV); Appellee, Donald Baker; and Appellants: Bishop, Booker, Burns,

Cortez, De los Santos, Lopez, Martinez, McKenzie, Montez, Moreno, Pelayo,

Prado, Ramirez, Stanesic, Vanzura, Wesley, (jointly referred to as “the Parties”)

ask the Court to extend the time to file Appellant Briefs pursuant to Rule 10.5(b),

Texas Rules of Appellate Procedure (TRAP).

1. The Parties’ respective Appellant Briefs are due January 2, 2017.

2. The Parties request an extension of fourteen days to their respective

deadlines, which would require the briefs to be filed January 16, 2017. The Court

has authority to grant this motion pursuant to Texas Rule of Appellate Procedure

38.6(d).

3. The Parties have agreed to the relief sought in this motion.

4. This is the second extension sought by the Parties.

4. This extension is necessary due to the complexity of the litigation, the

heavy work load of counsel, and the loss of working days due to holidays and pre-

planned vacations. In addition, subsequent to the grant of the first extension by the

Court on November 21, 2016, the Parties experienced additional delays due to the

filing of the reporter’s record on December 7, 2016, and the late-identified need to seek relief to review the Sealed Clerk’s Record. Although the Court granted the

Parties access to the Sealed Clerk’s Record via its order of December 19, 2016, the

Parties learned from the Court Clerk on December 20, 2016 that this access

requires the Parties to go to the Clerk’s office in person and view the records on

the Clerk’s computer. Due to the fact that staff members from the law offices

representing the Parties are unavailable to assist with this task during the holiday

season, the Parties request additional time to study the record and prepare briefs for

the Court.

PRAYER FOR RELIEF

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

Motion to Extend Time to file Appellant Briefs until January 16, 2017, and grant

Appellants all such other relief to which it may be entitled.

RESPECTFULLY SUBMITTED, ANNE L. MORGAN, CITY ATTORNEY MEGHAN L. RILEY, CHIEF LITIGATION

BY: /S/ Michael Siegel Lynn E.Carter Assistant City Attorney State Bar No. 03925990 Lynn.carter@austintexas.gov Michael Siegel State Bar No. 24093148 Michael.siegel@austintexas.gov City of Austin-Law Department P. O. Box 1546 Austin, Texas 78767-1546 Telephone: (512) 974-1342 Facsimile: (512) 974-1311 COUNSEL FOR APPELLANT, CITY OF AUSTIN

By: /s/ Mark Crampton (by permission) Mark W. Crampton State Bar No. 00789786 CRAMPTON LAW OFFICE 3355 BEE CAVES ROAD, SUITE 301-B Austin, Texas 78746 (512) 892-9300 (512) 891-0262 (fax) mark@cloatx.com COUNSEL FOR PLAINTIFFS

CERTIFICATE OF SERVICE

I certify that I served a copy of this motion on counsel of record electronically, in accordance with the Court’s rules on electronic filing, on December 21, 2016, as listed below:

Via E-Service to: Mark W. Crampton Crampton Law Office 3355 Bee Caves Road, Suite 301-B Austin, Texas 78746 mark@cloatx.com (and any other electronic service addresses on file) COUNSEL FOR PLAINTIFFS – APPELLANTS, AARON BISHOP, ET. AL., AND APPELLEE BAKER

/S/ Michael Siegel Michael Siegel Assistant City Attorney