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NO. 04-15-00338-CV

__________________________________________________________________

IN THE COURT OF APPEALS

FOR THE FOURTH DISTRICT OF TEXAS

AT SAN ANTONIO

__________________________________________________________________

ARTHUR BUTCHER, 

Appellant,

v.

CITY OF SAN ANTONIO BY AND THROUGH ITS AGENT, CITY PUBLIC 

SERVICE BOARD OF SAN ANTONIO D/B/A CPS ENERGY,

Appellee.

__________________________________________________________________

APPELLEE CPS ENERGY’S UNOPPOSED MOTION FOR EXTENSION 

OF TIME TO FILE BRIEF ON THE MERITS

__________________________________________________________________

Christine E. Reinhard

State Bar No. 24013389

Justin Barbour

State Bar No.24055142

SCHMOYER REINHARD LLP

17806 IH 10 West, Suite 400

San Antonio, Texas 78257

Phone: (210) 447-8033

Fax: (210) 447-8036

ATTORNEYS FOR APPELLEE 

CPS ENERGY

ACCEPTED

04-15-00338-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

11/24/2015 12:10:36 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/24/2015 12:10:36 PM KEITH E. HOTTLE Clerk
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TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Appellee City of San Antonio by and through its Agent, City Public Service 

Board of San Antonio d/b/a CPS Energy (“CPS Energy”) respectfully submits this 

Unopposed Motion for Extension of Time requesting an additional 14 days, until 

December 11, 2015, to file its Brief on the merits.

1. This is Appellee CPS Energy’s first request for an extension of time to 

file its Brief on the merits. On November 24, 2015, counsel for CPS Energy 

conferred with Mr. Sam Beale, counsel for Appellant, who indicated Appellant 

does not oppose this Motion.

2. Butcher filed his first Brief on October 13, 2015, but on, on October 

28, 2015, filed an Amended Brief in accordance with the Court’s October 16, 

2015 Order to remedy certain omissions and deficiencies. 

3. Pursuant to Texas Rule of Appellate Procedure 38.6(b), Appellee’s 

Brief would otherwise be due to be filed on November 27, 2015.

4. Under Texas Rule of Appellate Procedure 55.7, Appellee CPS Energy 

respectfully requests a 14-day extension, until December 11, 2015, to file its Brief 

on the merits. 

5. Appellee CPS Energy requests this extension to allow its counsel an 

opportunity to fully analyze and brief the issues for its Brief on the merits. This 

request is not made for undue delay, but so that justice may be done. 
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PRAYER

Appellee City of San Antonio, acting through by and through its Agent City 

Public Service Board of San Antonio d/b/a CPS Energy, respectfully requests this 

Court grant it an extension of time until and including December 11, 2015, for the 

filing of its Brief on the merits, and award it such other and further relief to which 

it may justly be entitled. 
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Respectfully submitted,

/s/ Christine E. Reinhard

Christine E. Reinhard

State Bar No. 24013389

Shannon B. Schmoyer

State Bar No. 17780250

Justin Barbour

State Bar No. 24055142

SCHMOYER REINHARD LLP

17806 IH 10 West, Suite 400

San Antonio, Texas 78257

210.447.8033 (telephone)

210.447.8036 (facsimile)

ATTORNEYS FOR APPELLEE

CPS ENERGY
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CERTIFICATE OF CONFERRAL

As evidenced by my signature below, counsel for Appellee has conferred 

with counsel for Appellant. Appellant does not oppose this Motion. 

/s/ Justin Barbour

Justin Barbour

CERTIFICATE OF SERVICE

I hereby certify the foregoing document was electronically filed with the 

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

certify a true and correct copy of the foregoing was served via email, first class 

mail, and UPS Next Day Air Delivery on the following counsel of record on 

November 24, 2013:

Samuel C. Beale

5821 Southwest Freeway, Ste. 416

Houston, Texas 77057

samuel.beale@gmail.com

bealelawfirm@gmail.com

/s/ Christine E. Reinhard

Christine E. Reinhard