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John M. Donohue v. Bandera County Sheriff's Department Daniel R. Butts, Sheriff J.J. Martinez, Deputy John Doe 1, John Doe 2 John Doe 3, Individually, Jointly, Severally, and in Their Official Capacity

Citation: Not availableDocket: 04-14-00675-CV

Court: Court of Appeals of Texas; February 12, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of John Michael Donohue v. Bandera County Sheriff's Department, et al., the appellees sought a 30-day extension to file their brief, moving the due date from February 19, 2015, to March 23, 2015. This request, which faced no opposition, was predicated on the appellees' counsel's heavy workload, which included preparing for hearings, document production, filing dispositive motions, and responding to various motions across multiple cases. The counsel detailed specific obligations, such as production objections and responses due in the U.S. District Court for the Western District of Texas, as well as a summary judgment motion in the Northern District of Texas. The incarcerated status of the appellant precluded direct communication regarding the extension request. The motion for extension was submitted by McGinnis Lochridge, with a certificate of service confirming that the motion was mailed to the appellant. The court's decision on the extension would ensure adequate preparation time for the appellees' brief, reflecting the procedural accommodation for counsel's professional commitments.

Legal Issues Addressed

Communication with Incarcerated Appellant

Application: The appellees' counsel was unable to confer with the incarcerated appellant regarding the extension request.

Reasoning: Due to the Appellant’s incarceration, the undersigned could not confer with him regarding opposition to the request for an extension.

Counsel's Workload Justifying Extension

Application: The appellees' counsel cited extensive preparation for hearings, document production, and filing motions in separate cases as justification for the requested extension.

Reasoning: Appellees outline their counsel's obligations that necessitate the extension, which include multiple court-related tasks across various cases, such as preparing witness lists, document production, attending hearings, and filing motions, all of which are due around the same period.

Extension of Time for Filing Briefs

Application: The court considered an unopposed request for an extension of time to file a brief due to counsel's significant workload and multiple obligations in other cases.

Reasoning: Appellees in the case John Michael Donohue v. Bandera County Sheriff's Department, et al., request a 30-day extension to file their brief, moving the due date from February 19, 2015, to March 23, 2015.

Service of Motion

Application: A certificate of service was provided, confirming the motion was sent to the appellant.

Reasoning: A certificate of service confirms that a copy of the motion was sent via certified mail to the Pro Se Appellant, Mr. John Michael Donohue, on February 13, 2015.