NO. 03-16-00067-CV

IN THE COURT OF APPEALS

FOR THE THIRD DISTRICT OF TEXAS

AT AUSTIN, TEXAS

LATISHA MCFADDEN, 

Appellant, 

v.

GREG OLESKY AND ROGELIO SANCHEZ, 

Appellees. 

ON APPEAL FROM THE 353rd DISTRICT COURT OF

TRAVIS COUNTY, TEXAS, CAUSE NO. D-1-GN-04-001222

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME

TO FILE APPELLEES’ BRIEF

ANNE L. MORGAN, CITY ATTORNEY

MEGHAN L. RILEY, CHIEF, LITIGATION

H. GRAY LAIRD III

State Bar No. 24087054 

Assistant City Attorney

City of Austin Law Department

P. O. Box 1546

Austin, Texas 78767-1546

(512) 974-1342 (Telephone)

(512) 974-1311 (Facsimile)

gray.laird@austintexas.gov

COUNSEL FOR APPELLEES

ACCEPTED

03-16-00067-CV

12073043

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/9/2016 2:34:13 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/9/2016 2:34:13 PM JEFFREY D. KYLE Clerk
TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellees Greg Olesky 

and Rogelio Sanchez, file this Unopposed Second Motion to Extend Time to File 

Appellees’ Brief. 

Appellees’ brief is currently due on August 17, 2016.

Counsel for Appellees requests a 21-day extension of time to file their brief, 

making the brief due on September 7, 2016. This is the second request for 

extension of time to file the Appellee’s brief.

Counsel for Appellees relies on the following reasons to explain the need for 

the requested extension:

1. During the course of reviewing the trial court record in this case 

and preparing the Appellees’ brief, counsel for Appellees discovered 

that a portion of Appellee Rogelio Sanchez’s trial testimony was 

missing from the trial transcript which was filed by the court reporter . 

Specifically, the direct examination of Sanchez conducted by counsel 

for Appellees is not contained within the transcript filed as the 

reporter’s record, although it had previously been designated by 

Appellant to be included in the trial court record. Counsel for 

Appellees has notified the court reporter and requested that the direct 

exam of Sanchez be transcribed and filed as an amendment to the 

reporter’s record. The court reporter has advised counsel for 

Appellees that the amended reporter’s record likely will not be 

completed until the week of August 15, 2016. 

 

2. Since Appellee’s brief is currently due on August 17, 2016, 

counsel for Appellees seeks this extension of time in order to have 

sufficient time to review the amended court reporter’s record and to 

be able to prepare a cogent and succinct brief to aid this Court in its 

analysis of the issues presented. This request is not sought for delay 

but so that justice may be done.

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The undersigned has conferred with opposing counsel, and he has indicated 

that his client does not oppose this motion. 

All facts recited in this motion are within the personal knowledge of the 

counsel signing this motion, therefore no verification is necessary under Rule of 

Appellate Procedure 10.2.

PRAYER FOR RELIEF

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

Unopposed Second Motion to Extend Time to File Appellee’s Brief and extend the 

Deadline for Filing the Appellee’s Brief up to and including September 7, 2016. 

Appellees further request all other relief to which they may be entitled.

Respectfully submitted,

/s/ H. Gray Laird III

H. Gray Laird 

State Bar No. 24087054 

Assistant City Attorney

City of Austin Law Department

P. O. Box 1546

Austin, Texas 78767-1546

(512) 974-1342 (Telephone)

(512)974-1311 (Facsimile)

gray.laird@austintexas.gov

Counsel for Appellees

CERTIFICATE OF CONFERENCE

I certify that I conferred with counsel for Appellant regarding this motion on 

August 9, 2016 and that Appellant is not opposed to this motion.

/s/ H. Gray Laird III

H. Gray Laird III

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CERTIFICATE OF SERVICE

I certify that on August 9, 2016, I served a copy of this motion to the 

following counsel by electronic service:

Donald J. McCarthy

808 W. 11th Street

Austin, TX 78701

512-477-1901 (facsimile)

Counsel for Appellant

/s/ H. Gray Laird III

H. Gray Laird III

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