Eric Drake v. Seana Willing ( 2015 )

No: 03-14-00665-CV IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT OF TEXAS ERIC DRAKE Plaintiff-Appellant January 15, 2015 TRAVELERS, ET AL Defendant-Appellee ON APPEAL FROM THE 200™ DISTRICT COURT TRAVIS COUNTY TEXAS TRIAL COURT NUMBER: D-l-GN-14-001215 Motion for Extension to File Brief of Appellant Eric Drake Eric Drake Pro-Se Appellant PO Box 833688 Richardson, Texas 75083 214-477-9288 f/RECEIVEDN JAN 1 5 2015 THIRD COURT OF APPEALS. \ JEFFREY D.KYLE / APPELLANT ERIC DRAKE'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO HONORABLE JUSTICES OF SAID COURT: Appellant Eric Drake respectfully requests that the Court extend the time to file his brief in the above reference cause of action. Drake requests a motion to continue because Appellant requested on October 27, 2014 of Rhonda Watson of the 353rd Judicial District Court in Travis Country, Texas that she prepare the August 19, 2014 Defendant Willing motion to declare Appellant as a vexatious litigant. That record has not been filed with this Court. Appellant spoke with the clerk of this Court on January 12, 2015 and he confirmed that the Recorders Record of the hearing of Judge Charles Ramsay was not in the Court's record. Appellant cannot complete his brief without the aforementioned recorders record. Appellant must have a complete record in order to properly plea and argue his case before this Court. Drake respectfully requests that the Court orders the court reporter Ronda Watson and the trial courts clerk of court to file the "Recorders Records" of the hearing before Judge Charles Ramsey that was conducted on August 19, 2014, declaring Appellant as vexatious. Drake believes that this Court and the trial court are treating him wrongfully APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 1 on account of his race and there will be litigation filed before this case is decided. Appellant believes that he has been discriminated and conspired against. WHEREFORE, APPELLANT, ERIC DRAKE respectfully requests the Court to grant his extension of time to file his briefs in cause number: 03-14-00665-CV until March 1, 2015, to cover any further actions by the trial court to purposely delay filing the correct documents in the Courts record to impede the Appellant's brief. Appellant therefore file his motion for extension of time. Respectfully submitted: Eric Drake PO Box 25565 Dallas, Texas 75225 214-477-9288 APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 2 CERTIFICATION OF SERVICE I HEREBY certify that a true and correct copy of the foregoing document has been delivered to the defendant's/appellees through their attorney of record via US Mail on this the 12th day of January 2015. Eric Drake APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 3 CERTIFICATION OF CONFERENCE I ERIC DRAKE, Appellant, on this the 11th day of January 2015, certify that I attempted to make contact with Kristina Kastl, and on January 12, 2015 on two occasions to conference with her regarding this motion, however, she has failed to respond. Likewise, I attempted to conference with Scot Graydon, his secretary hung up the telephone and when I called back she had an attitude. Appellant left yet another message on Mr. Graydon's voice mail with no avail. On January 12, 2015, attempted to contact David Harris, and Appellant was told that he is not employed there. On January 12, 2015, I contacted Frank Waite and he responded; he is unopposed to the motion. Thus, I file this motion with the Court for its decision and ruling. APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE BRIEF PAGE 4 Eric Drake PO Box 833688 Richardson, Texas 75083 January 12,2015 Jeffrey D. Kyle Clerk of Court Third Court of Appeals PO Box 12547 Austin, Texas 78711 RE: In re Eric Drake. Cause Number: 03-14-00665-CV Dear Honorable Kyle: Please find my second motion for extension of time to file my original brief because unfortunately as we conference over on January 12, 2015, the recorders record which I requested of the August 19, 2014 hearing before Judge Charles Ramsay has not been filed with the Court. This is the most important document in the case. Please order the clerk of court and Rhonda Watson to file this recorders record into the Court's record so I can finish my brief. Ms. Watson has already transcribed the record but has refused to file it into your court's records. I cannot brief this case without the recorders record for the January 12, 2014 hearing before Charles Ramsay. Please stamp file the enclosed copy and return to me. Thank you. If there are any questions or comments please contact me at the above address, or by telephone at: 214-477-9288 or by email at: emike899@gmail.com Yours truly, EXPRESS' Flat Rate MAIL Mailing Envelope UNTTEDSTATESPOSmLSERVlCE Fnr Unnuuetin anW Inttumatlnnal Ilea Wr. jfnat ••••I i u . affix c -s decl EXPRESS "Ste^ PS Fon„ 2976, or EB 3231.15^07 US MAIL Plao UNUzonarziPOiTALitavicct PAYMENT BYACCOUNT , &£***• U»lCO'PQrct*ACCtNo. J WWto*WWKOMofl>t(Bl*itltp£i^l.':i*urrt-u'••-•«•--; USPSpockagtng pre JMW090Q8d3t (OO ?A-