ACCEPTED 06-14-00222-CR SIXTH COURT OF APPEALS TEXARKANA, TEXAS 2/11/2015 9:19:10 AM DEBBIE AUTREY CLERK

APPELLATE CAUSE NO. 06-14-00222-CR TRIAL COURT CAUSE NO. 1423993 FILED IN TAMMY KAY TAYLOR § IN THE COURT 6th OFCOURT APPEALS OF APPEALS § TEXARKANA, TEXAS v. § SIXTH APPELLATE DISTRICT 2/11/2015 9:19:10 AM § DEBBIE AUTREY § Clerk THE STATE OF TEXAS § TEXARKANA, TEXAS

APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT'S BRIEF

Appellant, pursuant to TEX. R. APP. P. 38.6, files this her first motion for an extension of time to file Appellant's Brief, and for good cause shows the following: 1. This case is on appeal from the 8th Judicial District Court of Hopkins

County, Texas. 2. Appellant’s Brief is due today, i.e., February 11, 2015. 3. Appellant’s Counsel asks that he be given an extension to file Appellant’s Brief to Wednesday, February 25, 2015. 4. This motion is unopposed. On Tuesday, February 10, 2015, Appellant’s Counsel spoke by telephone with Mr. Clay Harrison, who is the attorney tasked with preparing Appellee’s Brief. (The lead attorney remains Mr. Will Ramsay.) Mr.

Harrison advised Appellant’s Counsel that this motion is unopposed. 5. No extension to file Appellant’s Brief has been received in this cause. 6. Appellant-Defendant is currently incarcerated. As noted in the Docketing

Statement on file with this Court, the trial court assessed the following punishment

– 15 years to do in the Texas Department of Criminal Justice.

APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF -PAGE 1- 7. Appellant’s Counsel cites his workload as the basis for this request.

Appellant’s Counsel relies on the following facts as good cause for the requested

extension:

A. Counsel has a response to a motion for summary judgment, where he represents eighteen (18) individuals against two corporations in a misclassification

case brought pursuant to the Fair Labor Standards Act, 29 U.S.C. §§201 et seq. See Civil Action No. 3:13-cv-03939-P, styled Bowens et al. v. EagleOne, Inc. et al.,

which is pending in the U.S. District Court for the Northern District of Texas, Dallas Division (Solis, J.). B. On Thursday, February 5, 2015, Appellant’s Counsel was in Lone Star, Texas taking the oral depositions of two employees – one witness was the

highest-ranking official at the plant in question, and the other witness was a long- term, and unionized, employee – in Case No. 2:14-cv-00731-JRG-RSP, styled Rodney

Lee Johnson v. U.S. Steel Tubular Products, Inc., which is pending in the U.S. District Court for the Eastern District of Texas, Marshall Division, and which involves claims arising under the Family and Medical Leave Act, 29 U.S.C. §§2611

et seq. (“FMLA”); Section 704 of Title VII of the Civil Rights Act, 42 U.S.C. §2000e

– 3(a); and, the Americans with Disabilities Act, 42 U.S.C. §§12101 et seq. (“ADA”) This case is currently set for a bench trial before the Hon. Rodney Gilstrap on May

7, 2015.

C. Counsel had to respond to interrogatories and requests for production, which are also due today, in Civil Action No. 4:14-cv-00660-ALM,

APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF -PAGE 2- styled Donna Michelle Singleton v. Hiring Partners, Inc., which is pending in the

U.S. District Court for the Eastern District of Texas, Sherman Division (Mazzant, J.).

This case involves claims pursuant to the FMLA and ADA. A conference before the

Court is set for February 25, 2015. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court

grant this Motion To Extend Time to File Appellant's Brief, and for such other and

further relief as the Court may deem appropriate.

Dated February 11, 2015 Respectfully submitted,

/s/ Wade A. Forsman By: Wade A. Forsman State Bar No. 07264257 P.O. Box 918 Sulphur Springs, Texas 75483-0918 Tel: 903.689.4144 Fax: 903.689.7001 [email protected] Attorney for Defendant/Appellant Tammy Kay Taylor

CERTIFICATE OF SERVICE

This is to certify that on February 11, 2015, a true and correct copy of the

above and foregoing document was served on the Office of the District Attorney for

the 8th Judicial District by hand delivery. /s/ Wade A. Forsman Wade A. Forsman

APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF -PAGE 3- UNSWORN DECLARATTION

1. My name is Wade A. Forsman. I am the attorney whom the trial court

appointed to represent the appellant in this appeal.

2. All of the allegations of fact contained in the foregoing motion are true

and correct.

3. Pursuant to §132.001 of the Texas Civil Practice and Remedies Code, my full name is Wade Arnold Forsman, my date of birth is June 14, 1958, my work

address is P.O. Box 918, Sulphur Springs, Hopkins County, Texas 75483-0918, United States of America. I declare under penalty of perjury that the foregoing is true

and correct. Executed in Hopkins County, State of Texas, on the 11th day of February

2015.

/s/ Wade A. Forsman

Wade A. Forsman, Declarant

APPELLANT’S FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF -PAGE 4-