No. 03-16-00580-CV; No. 03-16-00607-CV

In the Third Court of Appeals

Austin, Texas

AARON BISHOP, ALBERT CORTEZ, JR., AURELIO MARTINEZ, TOMAS 

MONTEZ, RICARDO PELAYO, RODERICK WESLEY, RONALD BOOKER, 

ERIC DELOSSANTOS, JOVITA LOPEZ, NORRIS MCKENZIE, OSCAR 

RAMIREZ, MONROE YARBROUGH, RICHARD BURNS, HENRY MORENO, 

JESSE PRADO, ET AL,

Plaintiffs – Appellants

v. 

THE CITY OF AUSTIN, 

Defendant - Appellee

Appeal from Cause No. D-1-GN-14-002459

345th Judicial District Court of Travis County, Texas

CITY OF AUSTIN’S UNOPPOSED MOTION TO EXTEND TIME 

TO FILE APPELLANT’S BRIEF IN APPEAL NO. 03-16-00607-CV

ANNE L. MORGAN, CITY ATTORNEY

MEGHAN L. RILEY, CHIEF, LITIGATION 

Lynn E.Carter

Assistant City Attorney

State Bar No. 03925990

Lynn.carter@austintexas.gov

Michael Siegel

State Bar No. 24093148

Michael.siegel@austintexas.gov

City of Austin-Law Department

P. O. Box 1546

Austin, Texas 78767-1546

Telephone: (512) 974-1342

Facsimile: (512) 974-1311

COUNSEL FOR APPELLEE/CROSSAPPELLANTS

ACCEPTED

03-16-00580-CV

13903802

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/21/2016 1:33:30 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/21/2016 1:33:30 PM JEFFREY D. KYLE Clerk
TO THE HONORABLE JUSTICES OF THIS COURT:

In Appeal No. 03-16-00607-CV, Appellant, City of Austin (“City”) asks the 

Court to extend the time to file Appellant’s Brief pursuant to Rule 10.5(b), Texas 

Rules of Appellate Procedure (TRAP), and in support respectfully shows:

1. The City’s Appellant’s Brief is due on November 28, 2016. The 

City’s appeal was filed as an accelerated appeal pursuant to TRAP Rule 28.1(a) 

because it appeals the denial of an interlocutory order, the City’s plea to the 

jurisdiction as to plaintiff-appellee Donald Baker. TEX.CIV.PRAC.&REM.CODE

§51.014(a)(8). The clerk’s record for the consolidated appeal was filed October 

26, 2016.

2. The City requests an extension of approximately 35 days to file its 

Appellant’s Brief. Including Court holidays, the City’s request would result in a 

filing deadline of January 2, 2017. The Court has authority to grant this motion 

pursuant to Texas Rule of Appellate Procedure 38.6(d). 

3. All parties have agreed to the relief sought in this motion.

Specifically, the parties filed stipulations (November 9, 2016) including mutual 

agreement to the above-requested extension in section “I” of the stipulations.

4. This extension is necessary due to the complexity of the litigation, the 

heavy work load of counsel, and the loss of working days due to holidays and preplanned vacations. Appellant’s counsel reasonably needs such an extension so that 
they may have sufficient time to prepare a meaningful opening brief that will 

properly present the facts and law to the Court.

5. This is the first extension requested by the City of Austin. 

PRAYER FOR RELIEF

For the reasons set forth above, Appellant, City of Austin, requests that this 

Court grant this Unopposed Motion to Extend Time to file Appellant’s Brief until 

January 2, 2017, and grant Appellant all such other relief to which it may be 

entitled. 

RESPECTFULLY SUBMITTED,

ANNE L. MORGAN, CITY ATTORNEY

MEGHAN L. RILEY, CHIEF LITIGATION

BY: /S/ Michael Siegel

 Lynn E.Carter

Assistant City Attorney

State Bar No. 03925990

Lynn.carter@austintexas.gov

 Michael Siegel

State Bar No. 24093148

Michael.siegel@austintexas.gov

City of Austin-Law Department

P. O. Box 1546

Austin, Texas 78767-1546

Telephone: (512) 974-1342

Facsimile: (512) 974-1311

COUNSEL FOR APPELLANT,

CITY OF AUSTIN
CERTIFICATE OF CONFERENCE

Pursuant to TEX. R. APP. PROC. 10.1(5), I certify that counsel for all 

Parties in the lawsuit made the basis of this appeal are in agreement, and that I 

conferred with Mark Crampton on November 21, 2016, who is unopposed to 

this motion.

/s/ Lynn E. Carter

Lynn E. Carter

Assistant City Attorney

Counsel for Defendant – Appellant

CERTIFICATE OF SERVICE

I certify that I served a copy of this motion on counsel of record 

electronically, in accordance with the Court’s rules on electronic filing, on 

November 21, 2016, as listed below:

Via E-Service to:

Mark W. Crampton

Crampton Law Office

3355 Bee Caves Road, Suite 301-B

Austin, Texas 78746

mark@cloatx.com (and any other electronic service addresses on file)

COUNSEL FOR DONALD BAKER, APPELLEE/PLAINTIFF