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Case Nos. PD-1595-14 and PD-1596-14

Roger Liverman and

Aaron Liverman,

Appellants

v. 

State of Texas,

Appellee

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Court of Criminal Appeals

of Texas

Appellants’ Unopposed Motion for Extension of Time

to File Brief on the Merits

Appellants Roger Liverman and Aaron Liverman file this Unopposed 

Motion for Extension of Time to file their Brief on the Merits and would 

respectfully show this Court the following:

1. Appellants’ Brief on the Merits is due April 10, 2015.

2. Appellants respectfully request a 14-day extension of their deadline. If 

permitted, their brief would be due on April 24, 2015.

3. Appellants seek this extension because their undersigned counsel has 

been occupied with the following deadlines during the days and weeks since the 

State’s filed its brief with this Court:

PD-1596-14

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/8/2015 11:39:53 AM

Accepted 4/8/2015 11:45:06 AM

ABEL ACOSTA

CLERK
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⎯ March 23, 2015: Response to Motion to Dismiss in Wesson v. City of 

Dallas, which is pending in the United States District Court for the 

Northern District of Texas as Civil Action No. 3:14-CV-4325;

⎯ March 24, 2015: Response to three motions for summary judgment in 

Melendez v. Rumsey Site Construction, LLC, which is pending in the 

62nd Judicial District Court of Hopkins County, Texas as Cause No. 

CV-41232; 

⎯ March 30, 2015: Response to motion for summary judgment in Blair v. 

City of Dallas, which is pending in the United States District Court 

for the Northern District of Texas as Civil Action No. 3:14-CV-1515;

⎯ March 31, 2015: Hearing on three motions for summary judgment in 

Melendez v. Rumsey Site Construction, LLC, which is pending in the 

62nd Judicial District Court of Hopkins County, Texas as Cause No. 

CV-41232; 

⎯ April 6, 2015: Response to Motion to Dismiss in Harper v. City of 

Dallas, which is pending in the United States District Court for the 

Northern District of Texas as Civil Action No. 3:14-CV-2647; and

⎯ April 7, 2015: Response to Motion to Dismiss in Tolan v. City of 

Bellaire, which is pending in the United States District Court for the 

Southern District of Texas as Civil Action No. 4:09-CV-1324; and

⎯ April 9, 2015: Full-day mediation in Melendez v. Rumsey Site 

Construction, LLC, which is pending in the 62nd Judicial District 

Court of Hopkins County, Texas as Cause No. CV-41232.

4. Appellants have neither requested or nor received any previous 

extensions of time to file any document in this case.

5. This motion is not made for purposes of delay, but so that justice may 

be done.
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Respectfully submitted,

s/ Matthew J. Kita

Matthew J. Kita

Texas Bar No. 24050883

P.O. Box 5119

Dallas, Texas 75208

(214) 699-1863 (Telephone)

(214) 347-7221 (Facsimile)

matt@mattkita.com

Counsel for Appellants

Certificate of Conference

On April 7, 2015, I conferred with the State’s counsel regarding the merits of 

this motion, who represented that he is unopposed to the relief requested. 

/s/ Matthew J. Kita

Matthew J. Kita

Certificate of Service

The undersigned certifies that a copy of this notice was served on the 

following counsel via e-filing in accordance with Texas Rule of Appellate Procedure 

9.5 and this Court’s Local Rules on April 8, 2015:

Counsel for Appellee:

Ms. Lara Tomlin

Denton County District Attorneys’ Office

P. O. Box 2344 

Denton, Texas 76202 

/s/ Matthew J. Kita

Matthew J. Kita