CAUSE NO. 03-16-00521-CV

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT 

AT AUSTIN, TEXAS 

WEST TRAVIS COUNTY PUBLIC UTILITY AGENCY, 

 Appellant, 

v.

CCNG DEVELOPMENT CO., L.P., 

 Appellee.

APPELLANT’S MOTION FOR EXTENSION OF TIME 

TO FILE APPELLANT’S REPLY BRIEF 

Appellant West Travis County Public Utility Agency (“WTCPUA”), the 

Appellant in the above-styled and numbered proceeding, pursuant to Tex. R. App. 

P. 10.1(a) and 10.5(b), and moves for an extension of time to file its Appellant’s 

Reply Brief, and in support thereof would respectfully show the Court as follows: 

1. Appellee’s Response Brief was filed herein on November 8, 2016, and 

the Appellant’s Reply Brief is currently due to be filed on November 28, 2016. 

2. Counsel for Appellant is scheduled for oral argument in the case 

styled City of Dallas v. Sabine River Authority, No. 09-16-00246-CV in the Court 

of Appeals for the Ninth District at Beaumont, Texas, on December 15, 2016. 

That case is an accelerated appeal. 

ACCEPTED

03-16-00521-CV

13844100

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/17/2016 10:03:11 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/17/2016 10:03:11 AM JEFFREY D. KYLE Clerk
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF—PAGE 2

3. On November 14, 2016, this Court set this matter for submission on 

briefs on December 5, 2016. 

4. In addition, Counsel for Appellant is lead appellate counsel in an 

appeal currently pending before the Court of Appeals for the Eleventh District at 

Eastland, Texas, styled City of Merkel v. Copeland, Cause No. 11-16-00323-CV. 

Appellant’s Brief in that appeal is currently due December 29, 2016. That case is 

likewise an accelerated appeal.

5. As a result of these (and other) conflicts, including the Thanksgiving 

holiday and a previously-scheduled family vacation, counsel for Appellant needs 

additional time to fully reply to the issues raised in Appellee’s Brief. Appellant 

therefore respectfully requests an extension of time for the filing of Appellant’s 

Reply Brief, for a period of 7 days from the current due date of November 28, 

2016, to and including December 5, 2016. 

6. This is the first request for extension of time to file Appellant’s Reply 

Brief. 

7. The undersigned attorney of record for Appellant has conferred via email with lead appellate counsel for the Appellee, CCNG Development Co., L.P., 

and Doug Kilday has replied on behalf of Appellee that he does not oppose the 

requested 7-day extension of time. 
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF—PAGE 3

8. This extension of time is sought not for the purpose of delay only but 

so that justice may be done and so that a well-researched and concisely–written 

Appellant’s Reply Brief may be filed with the Court, for the benefit of the parties 

and the Court. 

WHEREFORE, PREMISES CONSIDERED, Appellant West Travis County 

Public Utility Agency respectfully prays that this Honorable Court grant an 

extension of time of 7 days from and after November 28, 2016, which to file its 

Appellant’s Reply Brief in this case, to and including December 5, 2016.

Respectfully submitted,

/s/ Jose E. de la Fuente

Jose E. de la Fuente

State Bar No. 00793605

jdelafuente@lglawfirm.com

David J. Klein

State Bar No. 24041257

dklein@lglawfirm.com

James F. Parker, III

State Bar No. 24027591

jparker@lglawfirm.com

LLOYD GOSSELINK ROCHELLE &

 TOWNSEND, P.C.

816 Congress Avenue, Suite 1900

Austin, Texas 78701

Telephone: 512.322.5800

Telecopier: 512.472.0532

ATTORNEYS FOR APPELLANT
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF—PAGE 4

CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(a)(5), this certifies that counsel for 

Appellant conferred with counsel for Appellee by e-mail on November 14, 2016, 

regarding the merits of this motion, and Appellee does not oppose this motion.

/s/ James F. Parker, III

James F. Parker, III

CERTIFICATE OF SERVICE

I hereby certify that I caused to be served the following instrument on

counsel of record by the Court’s electronic case filing system on this the 17

th day 

of November 2016:

G. Douglas Kilday

dkilday@gdhm.com

Robin A Melvin

rmelvin@gdhm.com

David P. Lein

dlein@gdhm.com

Graves, Dougherty, Hearon & Moody, P.C.

401 Congress Ave., Suite 2200

Austin, Texas 78701

/s/ Jose E. de la Fuente

Jose E. de la Fuente