ACCEPTED 03-15-00293-CV 6776991 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/3/2015 9:46:52 AM JEFFREY D. KYLE CLERK No. 03-15-00293-CV ______________________________________________________________________________ FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS 9/3/2015 9:46:52 AM For the Third Judicial District of Texas JEFFREY D. KYLE Austin, Texas Clerk ______________________________________________________________________________

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.

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 Multi- Cinema, 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.

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

Respectfully submitted, /s/ Jeremy Gaston Jeremy Gaston Texas SBN 24012685 [email protected] 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 [email protected] Gray & Becker, PC West Avenue Austin, TX 78701-2210 Telephone: 512-482-0061 Facsimile: 512-482-0924 Tom C. McCall Texas SBN 13350300 [email protected] David B. McCall Texas SBN 13344500 [email protected] 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 [email protected] THE CARDENAS LAW FIRM 3660 Stoneridge Road, Suite F-102 Austin, Texas 78746-7759 Telephone: (512) 477-4242 Facsimile: (512) 477-2271 Counsel for Appellant

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

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 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