Case No. 03 -14 -00808- CV Appellant’s Motion to Extend Time to File Brief 1



# No. 03

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- 00808

- CV
I N 

### T HE 

### 3 RD 

### C OURT OF 

### A PPEALS 

### A USTIN 

### , T EXAS



### Rosendo Morales , Appellant

V. Texas Department of Insurance- Division of Workers’ Compensation and Commissioner Ryan Brannan, in his official capacity, Appellees On appeal from the 146 th 

### District Court of Bell County, Texas; Ca use No. 269,135-B, the Honorable Jack Weldon Jones Presiding
APPELLANT'S UNOPPOSED MOTION TO EXTEND TIME

TO FILE APPELLANT’S BRIEF
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: Appellant , Rosendo Morales respectfully asks this Honorable Court to
extend the time to file Appellant’s Brief by 30 days plus two weekend days and a holiday.
A. Introduction
1. The Appellant is Rosendo Morales, a citizen of Texas and injured worker under the Texas Workers’ Compensation Act ; and the Appellees are the Texas ACCEPTED 03-14-00808-CV 5048460 THIRD COURT OF APPEALS

AUSTIN, TEXAS 4/27/2015 3:19:26 PM JEFFREY D. KYLE

CLERKCase No. 03

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Department of Insurance

- Division of Workers' Compensation and
Commissioner Ryan Brannan, in his official capacity , and are the state agency and head of the agency and collectively referred to as TDI

- DWC.
2. This is an interlocutory appeal of the granting of a government al entities plea to the jurisdiction.
3. The current deadline for Appellant’s brief is April 2 7 , 2015.
4. This motion is filed on April 2 7 , 2015, the current due date and with in the
time to file a motion to extend time, as required by Texas Rule s of Appellate
Procedure including Rule 38.6.
5. Lead counsel for Appellees, TDI

- DWC, is unopposed to this motion

.

B. Argument & Authorities
6. Th is Court has authority under the Texas Rules of Appellate Procedure including Rule 38.6 to grant Appellant additional time to file Appellant’s Brief.
7. Appellant requests an additional 3 0 days from April 2 7 , 2015 to file the Appellant’s Brief

, extending the time until W ednesday, May 27 , 2 0 15

. 8. No prior extensions to extend time to file the Appellant’s Brief have been granted , and the governmental entities, TDI

- DWC Appellee s are unopposed to this extension

. 9. Appellant needs additional time to file the Appellant’s Brief because:Case No. 03

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a. Counsel for Appellant has been involved with other judicial and administrative proceedings in the last month and continuing into the next

. Ap pellant’s counsel has also had previously set family and children’s
educational and extracurricular commitments in the last month and extending
into this month. Appellant’s counsel is of counsel to a very small law firm, and counsel has had an extremely heavy workload with prior deadlines and hearings. Counsel had oral argument before the Texas Supreme Court on March 26, 2015 in Case No. 14

- 0272. Counsel file d a Reply Brief before the 5 th Court of Appeals 05

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- CV on April 2, 2015. Counsel filed a Motion for Rehearing on April 13, 2015, in Case 14

- 0256 before the Texas Supreme
Court

. Counsel has a reply brief due on May 13, 2015 in Case 01

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- CV
before the 1 st Court of Appeals. Appellant’s Counsel also has a motion for rehearing due on May 11 , 2015 before the 3 rd Court of Appeals in Case No. 03

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. Appellant ’s counsel is also currently lead counsel of record in District Court matters in Travis County, Harris County, Nueces County, Edinburgh County, Rockwall County, and other counties.
b. For the reasons contained herein , Appellant is filing this Motion to
Extend Time to File the Appellant’s Motion Brief

.Case No. 03

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c. To be able to file the succinctly and adequately file the Appellant ’s Brief
in this significant work ers’ compensation m atter an additional 30 days is requested

. C. Conclusion
This motion to exten d time to file Appellant ’s Brief is not for the purposes of delay but for time for adequate and succinct briefing and more time to review the record in this critical workers’ compensation matter

. D. Prayer
12. For these reasons, Appellant respectfully prays and asks the Court to grant an extension of time of 30 days, u ntil Wednesday, May 27 , 2015 , to file
the Appellant’s Brief. Respectfully, /s/ Brad McClellan Bradley Dean McClellan State Bar No. 13395980 1701 Directors Blvd., Suite 110 Austin, Texas 7 8744 (512) 327

- 6884 telephone (512) 327

- 8354 facsimile Brad.McClellan@yahoo.com Attorney for AppellantCase No. 03

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- CV Appellant’s Motion t o Extend Time to File Brief 5 CERTIFICATE OF CONFERENCE I certify that I have conferred with Adrienne Butcher , lead counsel for Appellee s, TDI

- DWC, by email , and s he is unopposed to the Appellant ’s Motion to Extend Time

. /s/ Brad McClellan Bradley Dean McClellan
CERTIFICATE OF SERVICE I certify that a copy of t he foregoing Appellant’s Motion to Extend Time was served on the through counsel of record by the method indicated below on April 2 7 , 2015 : Adrienne Butcher, Assistant Attorney General adrienne.butcher@texasattorneygeneral.gov Administrative Law Division Office of the Attorney General of Texas P.O. Box 12548 (MC

- 018), Capital Station Austin, Texas 78711

- 2548 512

- 475

- 4208 Facsimile: (512) 320

- 0167 Attorney for TDI

- DWC Appellants Via eservice and e mail

/s/ Brad McClellan Brad McClellan