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 353 rd DISTRICT COURT OF TRAVIS COUNTY, TEXAS
, CAUSE NO. D-1- GN

- 04

- 001222

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ B RIEF

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

CLERKTO 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 Appellee s relies on the following reason s to explain the need for

the requested extension:

1. D uring the course of reviewing the trial court record in this case and preparing the Appellee s ’ 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 Ap pellees 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 d irect 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 Ap pellee’s brief is currently due on August 17, 2016,

c ounsel 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.

Page 2 of 4The 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 . G ray L aird 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 (Tele phone) (512)974

- 1311 (Facsimile) gray.laird@austintexas.gov Counsel for Appellees

C ERTIFICATE OF C ONFERENCE
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 . G ray L aird III H. Gray Laird III

Page 3 of 4C ERTIFICATE OF S ERVICE
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. 11 th Street Austin, TX 78701 512

- 477

- 1901 (facsimile) Counsel for Appellant

/s/ H . G ray L aird III H. Gray Laird III

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