Page 1 of 5 NO. 04

- 15 -00097- CV

IN THE COURT OF APPEALS

FOR THE FOURTH JUDICIAL DISTRICT OF TEXAS

AT SAN ANTONIO

BRIAN McENERY,

Appellant,

v.

CITY OF SAN ANTONIO AND CHIEF CHARLES N. HOOD,

Appellees.

ON APPEAL FROM THE 285 th JUDICIAL DISTRICT COURT

BEXAR COUNTY, TEXAS

TRIAL COURT NO. 2011- CI -06603

THE HONORABLE JUDGE CATHLEEN STRYKER PRESIDING

UNOPPOSED MOTION TO EXTEND TIME TO FILE

APPELLANT’S REPLY BRIEF

TO THE HONORABLE JUSTICES OF THE COURT:

Under Texas Rules of Appellate Procedure 10.5(b)(1) and 38.6(d), Appellant

Brian McEnery, referred to as Appellant, respectfully moves the Court to extend the

time for filing Appellant’s Reply Brief. As good cause, Appellant respectfully shows

the Court the following:

1. Appellees filed the Brief of Appellees on October 30, 2015. ACCEPTED

04-15-00097-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

11/12/2015 2:14:23 PM

KEITH HOTTLE

CLERKPage 2 of 5

2. Under Texas Rule of A ppellate Procedure 38.6(c )

, Appellant’s Reply Br ief

is currently due on November 19, 2015.

3

. Appellant requests that the Court extend the time to file Appellant’s Reply

Brief twent y (20 ) days. A twenty (2 0 ) day extension would make Appellant’ s Reply

Brief due on December 9 , 2015.

4

. In support of the requested exten sion, Appellant would show that counsel for

Appellant, Ronald B. Prince a nd Floyd Steven Contreras, have commitments during

the initi al briefing period that require their t ime and attention and interfere w ith

preparation of Appellant’s Reply B rief by the current deadline.

These commitments include the following :

E xtensive research and preparation for hearing concerning a request for

abatement in Cause No. 2014

- CI

- 03985, Irene Baldridge and Kathy Hill v. Art

Reyna, pending in the 285 th Judicial District Court in Bexar County, Texas, with the

hearing set for November 13, 2015, before the 57 th Civil District Court, the

Honorable Judge Antonia Arteaga presiding; and

Extensive preparation for trial as new trial counsel in Cause No. 2014

- CI

03115, In the Matter of the Marriage of Eric. C. Mena and Marissa Ortiz Mena and

In the Interest of Miguel Carlos Mena, Ileana Isabel Mena, and Alejandro Andres

Mena, Children

, pending in the 285 th Judicial District Court in Bexar County, Texas

,

with the trial set to continue on Nov ember 17, 2015, and November 18, 2015, andPage 3 of 5

e xpected to continue beyond those days, before the 131 st Civil District Court, the

Honorable Judge J ohn Gabriel presiding.

5

. This is Appellant’s first request for an extension of time to file Appellant’s

Reply Brief. Appellant seeks this extension not solely for delay, but so that justice

may be done.

6

. As reflected in the Certificate of Conference below, counsel for Appellees

indicated that she is unopposed to this motion, and counsel for Intervenor indicated

that he is unopposed to this motion.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant Brian McEnery

respectfully reques ts that the Cou rt grant a twenty (2 0) day extension of time to file

Appellant’s Reply Brief, extending the time to file Appellant’s Reply Brief until

Decembe r 9, 2015.

Appellant further prays for such other relief to which he may be entitled.Page 4 of 5 Respectfully submitted,

PRINCE CONTRERAS PLLC

417 San Pedro Avenue

San Antonio, Texas 78212

Te l : (210) 227

- 7821

Fa x : (210) 225

- 4469

info@princecontreras.com

ATTORNEYS FOR BRIAN McENERY

_ /s/ Floyd Steven Contreras

_____________ RONALD B. PRINCE

State Bar No. 16329300

ron@princecontreras.com

FLOYD STEVEN CONTRERAS

State Bar No. 24075339

floyd@princecontreras.com

CERTIFICATE OF CONFERENCE

I certify that I conferred with Jacquelin e M. Stroh, counsel for Appellees, via

t elephone on N ovember 12, 2015, regarding Appellant’s Motion to Extend Time to

File Appellant’s Reply Brief

. Ms. Stroh indicated that sh e is not opposed to our

re quest to extend time.

I also certify that I conferred with Ricky J. Poole, counsel for Intervenor, via

email on November 11, 2015 , regarding Appellant ’ s Motion to Extend Time to File

Appellant ’ s Reply Brief

. Mr. Poole indicated that he is not opposed to our request to

extend time.

_ /s/ Floyd Steven Contreras

_____________ RONALD B. PRINCE

FLOYD STEVEN CONTRERASPage 5 of 5 C ERTIFICATE OF SERVICE

I certify that on the 1 2 th day of November , 2015, a true and correct copy of

the foregoing Appellant’s Motion to Extend Time to File Appellant’s Reply Brief

was served on the following counsel of record electronically through the electronic

filing manager:

Ms. Jacqueline M. Stroh

THE LAW OFFICE OF JACQUELINE M. STROH, P.C.

10101 Reunion Place, Suite 600

San Antonio, Texas 78216

Tel: (210) 477

- 7416

Fax: (210) 477

- 7466 jackie@strohappellate.com Attorney for Appellees

Ms. Deborah Lynne Klein

OFFICE OF THE CITY ATTORNEY, LITIGATION DIVISION

111 Soledad, 10 th Floor

San Antonio, Texas 78205

Tel: (210) 207

- 8919

Fax: (210) 207

- 4357 deborah.klein@sanantonio.gov Attorney for Appellees

Mr. Mark Kosanovich

FITPATRICK & KOSANOVICH, P.C.

P.O. Box 831121

San Antonio, Texas 78283

- 1121

Tel: (210) 207

- 7259

Fax: (210) 207

- 8997 mark.kosanovich@sanantonio.gov Attorney for Appellees

Mr. Ricky J. Poole

LAW OFFICES OF RICKY J. POOLE The Forum Building

8000 IH

- 10 West, Suite 600

San Antonio, Texas 78230

Tel: (210) 525

- 7988

F ax: (210) 525

- 7987

rpoole@alamocityattorney.com Attorney for Intervenor

_ /s/ Floyd Steven Contreras

_____________ RONALD B. PRINCE

FLOYD STEVEN CONTRERAS