Pearson v. Colt Oilfield Services, LLC et al

Western District of Texas, txwd-5:2018-cv-01029

Unopposed MOTION for Extension of Time to File Response/Reply as to {{17}} CORRECTED MOTION for Notice to Potential Plaintiffs & Conditional Certification re {{14}} MOTION for Notice to Potential Plaintiffs & Conditional Certification by Roy E Aguilar, Colt Oilfield Services, LLC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION DOUGLAS PEARSON, JAMES ADKINS, § and on all others similarly situated, § PLAINTIFFS, § § V. § CIVIL ACTION 5:18-CV-01029-OLG § JURY TRIAL DEMANDED COLT OILFIELD SERVICES, LLC, § AND ROY (EDDIE) AGUILAR, § DEFENDANTS. § DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' CORRECTED MOTION FOR NOTICE TO POTENTIAL PLAINTFFS AND CONDITIONAL CERTIFICATION TO THE HONORABLE CHIEF JUDGE ORLANDO GARCIA: COME NOW Colt Oilfield Services, LLC ("Colt") and Roy (Eddie) Aguilar ("Aguilar") (collectively "Defendants"), Defendants in the above-styled and numbered cause, and file their Motion for Extension of Time to Respond to Plaintiffs' Motion for Extension of Time to Respond to Plaintiffs' Corrected Motion for Notice to Potential Plaintiffs and Conditional Certification [Docket No. 17] ("Motion"), and respectfully show the Court the following: 1. Plaintiffs filed their Motion on December 9, 2018. 2. According to Local Rule CV-7(e)(2), "a response to a non-dispositive motion shall be filed not later than 7 days after the filing of the motion." 3. Defendants' response to Plaintiff's Motion is due on December 17, 2018. 4. Because of the significance and complexity of the issues being raised by Plaintiffs and discussions with Plaintiffs' attorney regarding same, Defendants' counsel needs additional time to complete its investigation to properly respond to Plaintiffs' Motion. 5. Moreover, Plaintiffs and Defendants are actively discussing the subject issues to determine if an agreement can be reached on any of the issues raised in Plaintiffs' Motion. Defendants' Motion for Extension of Time to Respond 1 6. Accordingly, Defendants' counsel respectfully requests that the Court allow Defendants additional time to file a response to Plaintiff's Motion. Specifically, Defendants requests that the Court grant a short extension until December 21, 2018 for Defendants' to file a response if one is necessary. 7. Defendants bring this motion in good faith and before the original time to file a response has expired. 8. Defendants' counsel has conferred with Plaintiffs' counsel regarding the subject motion and they are not opposed to the extension. 9. For these reasons, Defendants respectfully request the that Court grant an extension until December 21, 2018 for Defendants to file a response to Plaintiffs' Motion. WHEREFORE, PREMISES CONSIDERED, Defendants pray that the Court enters an order granting this motion and for all other relief to which Defendants may be entitled. Defendants' Motion for Extension of Time to Respond 2 Respectfully submitted, /S/MELISSA MORALES FLETCHER Melissa Morales Fletcher, Of Counsel State Bar No. 24007702 Email: Melissa@themoralesfirm.com THE MORALES FIRM, P.C. 6243 IH-10 West, Suite 132 San Antonio, Texas 78201 Telephone: (210) 225-0811 Facsimile: (210) 225-0821 GOODE CASSEB JONES RIKLIN CHOATE & WATSON, P.C. 2122 North Main Avenue San Antonio, Texas 78212 Tel: (210) 733-6030 Fax: (210) 733-0330 Kyle C. Watson State Bar No. 20971100 Email: watson@goodelaw.com Jenna C. Castleman State Bar No. 24105583 Email: castleman@goodelaw.com ATTORNEYS FOR DEFENDANTS CERTIFICATE OF CONFERENCE I hereby certify that on the 14th day of December, 2018, I conferred with counsel for Plaintiffs who stated he is not opposed to this motion. /s/ Melissa Morales Fletcher Melissa Morales Fletcher CERTIFICATE OF SERVICE I do hereby certify that on December 14, 2018, I electronically filed the foregoing with the Clerk of the Court using the CM-ECF system, which will send notification of such filing to the following: Jack Siegel Siegel Law Group, PLLC 2820 McKinnon, Suite 5009 Dallas, Texas 75201 /s/ Melissa Morales Fletcher Melissa Morales Fletcher Defendants' Motion for Extension of Time to Respond 3 Defendants' Motion for Extension of Time to Respond 4