ACCEPTED 07-17-00096-CV SEVENTH COURT OF APPEALS AMARILLO, TEXAS 8/14/2017 3:46 PM Vivian Long, Clerk

NO. 07-17-00096-CV

FILED IN 7th COURT OF APPEALS IN THE AMARILLO, TEXAS SEVENTH COURT OF APPEALS 8/14/2017 3:46:59 PM AMARILLO, TEXAS VIVIAN LONG CLERK

LAZARO WALCK Appellant,

V

CITY OF LUBBOCK Appellee.

On Appeal from the 72nd District Court of Lubbock County, Texas, Lazaro Walck v. City of Lubbock, Cause No. 2014-509,907

UNOPPOSED MOTION TO EXTEND TIME FOR FILING APPELLEE’S BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW, CITY OF LUBBOCK, Appellee, and moves this Honorable

Court to grant a thirty (30) day extension of time to file Appellee’s Brief, and would

respectfully show as follows:

1. The City of Lubbock’s Brief is due to be filed with this Court on August

28, 2017. 2. City of Lubbock seeks a 30 day extension of time to file it’s Brief,

which would make the Brief due on September 28, 2017.

3. This requested extension is requested as counsel for the City of

Lubbock is preparing briefs in other cases that are due on August 25, 2017 and

September 8, 2017, in which there are unique issues of law that require extensive

briefing and research. As such, counsel does not believe that he will have sufficient

time before August 28, 2017, to properly prepare the brief on the issues that will be

presented in this appeal.

4. Counsel for the City has conferred with counsel for Lazaro Walck and

he does not oppose this extension.

5. This is the first extension of time that the City of Lubbock has sought

for the filing of its Brief, and this request for extension is not sought for delay, but

in order that justice might be done.

For these reasons, CITY OF LUBBOCK requests that this Court grant this

motion, and render an order extending the time for filing its Brief to September 28,

2017.

Respectfully submitted,

JEFF HARTSELL Assistant City Attorney State Bar No. 09170275 P O Box 2000 Lubbock, Texas 79457 806-775-2222 Fax 806-775-3307 Email: [email protected]

/s/ Jeff Hartsell JEFF HARTSELL

CERTIFICATE OF CONFERENCE

THIS IS TO CERTIFY that the undersigned counsel for Appellee CITY OF LUBBOCK, has conferred with counsel for Appellant, Phil Johnson, regarding this motion and he does not oppose this motion.

/s/ Jeff Hartsell JEFF HARTSELL

CERTIFICATE OF SERVICE

I hereby certify that on the 14th day of August, 2017, I electronically filed the foregoing document with the Seventh Court of Appeals using an e-filing service provider. The electronic filing system sent a “Notification of Service” to the following by electronic means.

Phil A. Johnson Jenkins, Wagnon & Young, P.C. P O Box 420 Lubbock, Texas 79408 [email protected]

/S/ Jeff Hartsell JEFF HARTSELL