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,
v.
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