# NO. 0 4-14- 00 562

- CV

IN THE TEXAS COURT OF APPEALS FOR THE FOURTH DISTRICT

SAN ANTONIO, TEXAS

* * * * * JESUS DE LOS SANTOS, JR., Individually and as Representative of the ESTATE OF JESUS FRANCISCO DE LOS SANTOS, and JUAN DE LOS SANTOS, Appellants; and MARCO ANTHONY SOLIS, JR., Cross-Appellant,

v. FORD MOTOR COMPANY, Appellee * * * * * On Appeal from the 79 th



### Judicial District Court Jim Wells County, Texas Trial Court Cause No. 11

- 08

- 50394

- CV

* * * * *

OPPOSED MOTION FOR EXTENSION OF TIME TO FILE MOTIONS FOR REHEARING

* * * * *

THE HONORABLE JUSTICES OF THE COURT:


### Jesus De Los Santos, Jr. Individually and as Representative of the Estate of
Jesus Francisco De Los Santos and Juan De Los Santos, Appellant s, respectfully

presents this opposed motion requesting that the time for filing Appell ant’s motions for
rehearing be extended twenty (2 0 ) days from July 2, 2015 to July 22, 2015. In support of
this motion, Appel lant s would show the Court as follows:
1. This motion is being filed prior to the time Appell ant s ’ Motion for
Rehearing is due. TRAP 49.8

.
2

. This appeal involves review of a trial court ’s final judgment rendered on
May 15, 2014. ACCEPTED 04-14-00562-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 6/24/2015 10:07:03 AM KEITH HOTTLE CLERK2

3

. Appell ant s’ motions for rehearing a re due on or before J uly 2, 201 5

.
4. Appellant request the C ourt order Appell ant s’ Reply Brief to be due twenty
( 2 0 ) days from date the brief is currently due, or on or before July 22 , 201 5 , because of
significant scheduling conflicts for their appellate counsel as detailed below

.
5

. Appellate Counsel for Appellant
, Brendan K. McBride, h as several
scheduling conf

licts that coincide with the current filing deadline of July 2, 2015. Mr.
McBride is preparing for trial of a pr oducts liability/wrongful death case in the United

States District Court for the D i strict of Nevada in a cause styled Lind ner v. Evenflo

Company, Inc. , Cause No. 2:20

- CV

- 00051

- LDG(VCF)

. Mr. McBride is responsible for
preparing trial briefing, motions and jury instructions to be presented a t the final pretrial

conference in the Lindner case, which is set for July 7, 2012 in Las Vegas Nevada

. In

addition
, Mr. McBride is the lead appellate counsel for Appellant in case styled Brewer,

et. al. v. Lowe ’ s H

ome Centers , Inc. , Cause No. 12

- 14

- 00155

- CV, pending before the
Twelfth District Court of Appeals in Tyler, Texas. Appellants ’ reply brief is due to be

filed in the Brewer matter on or before July 9, 2015. Finally, Mr. McBride has a
previously planned personal vacation out of state scheduled for Ju ly 2

- 6, 2015.

6. In order for their counsel t o give the necessary attention to the issues and

the preparation o f the motions for rehearing in this matter, Appell ant s request a twent y
( 2 0 ) day extension of time to accommodate these scheduling conflicts

.
7

. This is the first extension Appell ant has requested regarding Appellants’

m otions for rehearing

.3

8

. This extension is not requested for any purpose of delay , but so that justice
may be done.

9

. Certificate of Conference: C ounsel for Appell ant s conferred with Allyson

Ho
, lead appellate counsel for Appell ee Ford Motor Company , regarding the relief
requested in this motion. Ms. Ho represented that A ppellees w ould not agree to the relief
requested in this motion

.

Respectfully submitted,

By: ________________________________ Brendan K. McBride State Bar No. 24008900 Brendan.mcbride@att.net T HE M C B RIDE L AW F IRM Of Counsel to G RAVELY & P EARSON , LL P 425 Soledad, Suite 620 San Antonio, Texas 78205 (210) 227

- 1200 Telephone (210) 881

- 6752 Facsimile



### And
Jeffrey G. Wigington State Bar No. 00785246 jwigington@wigrum.com R. Reagan Sahadi State Bar No. 24042369 rsahadi@wigrum.com W IGINGTON 

### R

UMLEY 

### D UNN 

### & B LAIR 

### , LLP 123 N. Carrizo St. Corpus Christi , Texas 78401 ( 361 ) 881

- 75004 

### ( 361 ) 884

- 0487 (Facsimile)

COUNSEL FOR APPELLANTS, JESUS DE LOS SANTOS, JR. INDIVIDUALLY AND AS REPRESENTATIVE OF TH E ESTATE OF JESUS FRAN CISCO DE LOS SANTOS AND JUAN DE LOS SANTOS5 

### CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been forwarded on this 2 4 th 

### day of January
, 201 5 to Appellee’s counsel of record , Allyson Ho and Cross

- Appellant Marco Soliz, Jr.’s lead appellate counsel
, Lupita Aguilar, via email and by electronic service through Texas.gov

.

____________________________________ Brendan K. McBride