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No. 03-15-00293-CV ______________________________________________________________________________ 

In the Court of Appeals 

For the Third Judicial District of Texas 

Austin, Texas ______________________________________________________________________________ 

BOB E. WOODY, 

Plaintiff-Appellant, 

v. 

J. BLACK’S, LP and J. BLACK’S, GP, LLC, 

Defendants-Appellees. 

________________________________________________________ 

On Appeal from Cause No. D-1-GN-09-001436 

In the 345th Judicial District Court of Travis County, Texas 

The Honorable Steven Yelenosky Presiding 

________________________________________________________ 

Appellant’s Unopposed Second Motion for 

Extension of Time to File Opening Brief

TO THE HONORABLE COURT OF APPEALS: 

 Appellant’s opening brief currently is due September 3, 2015. Pursuant to 

Texas Rule of Appellate Procedure 38.6(d), appellant respectfully requests a 15-day 

extension of time until September 18, 2015 to file his opening brief. This extension 

is requested for the following reasons. 

ACCEPTED

03-15-00293-CV

6776991

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/3/2015 9:46:52 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/3/2015 9:46:52 AM JEFFREY D. KYLE Clerk
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The undersigned has had responsibility for the following additional 

commitments during August and September 2015: 

 Reviewing the trial court record from a July 2015 trial that resulted in a 

verdict of $10+ million in actual damages and $7 million in exemplary 

damages, on behalf of one of the defendants in Joanne Schermerhorn et 

al. v. CenturyTel, Inc. et al., No. 2010-09675 (113 Judicial District, Harris 

County, Texas), in preparation for post-judgment/appellate proceedings; 

 Preparing an amended complaint (due September 14, 2015 by court order) 

on behalf of the plaintiff in a federal antitrust matter: Houston KP, LLC v. 

City of Houston, No. 4:14-CV-02928 (S.D. Tex.); 

 Preparing an amended complaint (due September 24, 2015 by court order) 

on behalf of the plaintiff in another federal antitrust matter: Viva Cinemas 

Theaters and Entertainment LLC d/b/a Viva Cinema v. America MultiCinema, Inc., No. 4:15-cv-01015 (S.D. Tex.); and 

 Reviewing a complex business transaction on behalf of a client in 

anticipation of litigation on an urgent basis.1

Although the undersigned has not given these commitments priority over the current 

appeal, the undersigned could not complete appellant’s opening brief in this matter 

by September 3, 2015 given the deadlines in these other matters. 

The undersigned has confirmed that appellees are unopposed to this motion. 

One prior 15-day extension was previously requested and granted. 

Prayer 

Appellant respectfully requests that the Court grant him a 15-day extension of 

time to file his opening brief. 

 

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 Client identity omitted because of the non-public nature of the work at this time. 
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 Respectfully submitted, 

/s/ Jeremy Gaston 

Jeremy Gaston 

Texas SBN 24012685 

jgaston@hmgnc.com 

HAWASH MEADE GASTON 

NEESE & CICACK LLP 

2118 Smith Street 

Houston, Texas 77002 

Telephone: (713) 658-9001 

Facsimile: (713) 658-9011 

Rick Gray 

Texas SBN 08328300 

rick.gray@graybecker.com 

Gray & Becker, PC 

900 West Avenue 

Austin, TX 78701-2210 

Telephone: 512-482-0061 

Facsimile: 512-482-0924 

Tom C. McCall 

Texas SBN 13350300 

tmccall@themccallfirm.com 

David B. McCall 

Texas SBN 13344500 

dmccall@themccallfirm.com 

The McCall Firm 

3660 Stoneridge Road, Suite F-102 

Austin, Texas 78746-7759 

Telephone: (512) 477-4242 

Facsimile: (512) 477-2271 

 

Hector H. Cardenas, Jr. 

Texas SBN 00790422 

hcardenas@cardenas-law.com 

THE CARDENAS LAW FIRM

3660 Stoneridge Road, Suite F-102 

Austin, Texas 78746-7759 
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Telephone: (512) 477-4242 

Facsimile: (512) 477-2271 

Counsel for Appellant 

 
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Certificate of Conference 

 On September 1, 2015, I conferred with appellees’ counsel regarding this 

motion, and on September 3, 2015 he informed me that appellees are unopposed to 

the relief requested herein.

 /s/ Jeremy Gaston 

 Jeremy Gaston 
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CERTIFICATE OF SERVICE

I certify that on September 3, 2015 a true and correct copy of the foregoing 

document was served on the following counsel of record by electronic filing: 

Eric J. Taube 

Andrew Vickers 

Hohmann, Taube & Summers, LLP 

100 Congress Avenue, 18th Floor 

Austin, TX 78701-4042 

Counsel for J. Black’s, LP and J. Black’s, GP, LLC 

Counsel for Appellees 

 /s/ Jeremy Gaston 

 Jeremy Gaston