Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/16/2015 3:23:56 PM JEFFREY D. KYLE Clerk No. 03-15-00341-CV THIRD COURT OF APPEALS 10/16/2015 3:23:56 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00341-CV *1 ACCEPTED ^[7416715] CLERK ____________________________________________________

In the Third Court of Appeals

Austin, Texas ____________________________________________________

Antioch St. Johns Cemetery Company d/b/a American

Memorial Park, Grand Prairie, Texas; Gerald Weatherall; and

Beverly Randall-Weatherall,

Appellants,

Texas Department of Banking Commissioner,

Appellee.

_________________________ __ ________________________

On Appeal from the 261st Judicial District Court, Travis County Texas

Trial Court Case No. D-1-GN-14-000367

________________________ ________ ____________________

Unopposed Motion to Extend Time to File Appellee’s Brief

__________________________ _____ _____________________

KEN PAXTON

Attorney General of Texas

Attorney in Charge CHARLES E. ROY State Bar No. 09157700

First Assistant Attorney General Office of the Attorney General

Financial Litigation and JAMES E. DAVIS Charitable Trusts Division

Deputy Attorney General for Civil PO Box 12548, MC 017

Litigation Austin, TX 78711-2548

Tel: (512) 936-1313 LESLI G. GINN Fax: (512) 477-2348

Division Chief , ann.hartley@texasattorneygeneral.gov Financial Litigation and

Charitable Trusts Division C OUNSEL FOR A PPELLEE

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, the

Texas Department of Banking Commissioner, files this Unopposed

Motion to Extend Time to File Appellee’s Brief.

Appellee’s brief is due on November 6, 2015.

Counsel for Appellee requests a 31-day extension of time to file its

brief, making the brief due on Monday, December 7, 2015. This is the

first request for extension of time to file the opening brief.

Appellee needs additional time to file its brief because of the press

of business due to multiple case-related deadlines.

The undersigned has conferred with Appellants’ counsel, and he

does not oppose this motion.

All facts recited in this motion are within the personal knowledge

of the counsel signing this motion, therefore no verification is necessary

under Rule of Appellate Procedure 10.2.

P RAYER FOR R ELIEF For the reasons set forth above, Appellee requests that this

Court grant this Unopposed Motion to Extend Time to File Appellee’s

Brief and extend the deadline for filing Appellee’s Brief up to and

including December 7, 2015.

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

LESLI G. GINN

Division Chief, Financial Litigation and

Charitable Trusts Division

/s/ Ann Hartley

Lead Attorney

State Bar No. 09157700

Financial Litigation and

Charitable Trusts Division

P.O. Box 12548, MC 017

Austin, TX 78711-2548

Telephone: (512) 936-1313

Facsímile: (512) 477-2348

ann.hartley@texasattorneygeneral.gov

Counsel for Appellee

CERTIFICATE OF CONFERENCE

The undersigned has conferred with Appellants’ counsel, and

he does not oppose this motion.

/s/ Ann Hartley ANN HARTLEY Assistant Attorney General Counsel for Appellant CERTIFICATE OF SERVICE

I hereby certify that a true copy of this Unopposed Motion to

Extend Time to File Appellee’s Brief was sent by electronic

service this 16 th day of October, 2015, to counsel for Appellants, as

follows:

Kevin S. Wiley, Jr.

L AW O FFICES OF K EVIN S. W ILEY , J R .

325 N. St. Paul St., Ste. 4400

Dallas, Texas 75201

kevinwiley@lkswjr.com

Counsel for Appellants

/s/ Ann Hartley Assistant Attorney General Counsel for Appellant