Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/26/2015 1:58:11 PM JEFFREY D. KYLE Clerk CV ‐ 00428 ‐ 15 ‐ 03 No. THIRD COURT OF APPEALS 10/26/2015 1:58:11 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00428-CV *1 ACCEPTED [7538555] CLERK I N THE C OURT OF A PPEALS FOR THE T HIRD J UDICIAL D ISTRICT OF T EXAS AT Austin B ERNARD M ORELLO , Appellant , V .
S TATE OF T EXAS , Appellee . On Appeal from the 353 RD Judicial District Court of Travis County, Texas
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE’S RESPONSE BRIEF KEN PAXTON CRAIG J. PRITZLAFF
Attorney General of Texas Assistant Attorney General
State Bar No. 24046658 CHARLES E. ROY craig.pritzlaff@texasattorneygeneral.gov
First Assistant Attorney General
LINDA B. SECORD JAMES E. DAVIS Assistant Attorney General
Deputy Attorney General State Bar No. 17973400
for Civil Litigation linda.secord@texasattorneygeneral.gov
PRISCILLA M. HUBENAK Environmental Protection Division
Chief, Environmental Protection P.O. Box 12548, MC ‐ 066
Division Austin, Texas 78711 ‐ 2548
Tel: (512) 463 ‐ 2012 Fax: (512) 320 ‐ 0911 ATTORNEYS FOR THE STATE OF TEXAS October 26, 2015
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLEE’S RESPONSE BRIEF T O THE H ONORABLE C OURT OF A PPEALS :
Pursuant to Tex. R. App. P. §§ 10.5(b) and 38.6(d), Appellee the State of
Texas files this first unopposed motion to extend time, and respectfully requests a
31-day extension, until and through Monday, December 7, 2015, to file its Response
Brief.
1. The current deadline for filing Appellee’s Response Brief is Friday,
November 6, 2015.
2. Appellee requests a 31-day extension, until Monday, December 7,
2015.
3. No previous extensions have been granted for this brief.
4. An extension until December 7, 2015, is not opposed by Appellant.
5. This motion is requested because Assistant Attorneys General Craig
Pritzlaff and Linda Secord have been and will continue to be heavily occupied in the
next several weeks with hearings and briefings on a matter pending in Travis County,
State of Texas v. Chambers-Liberty Counties Navigation District et al. , cause no. D-
1-GN-15-003093, and a parallel proceeding filed in Chambers County, Sustainable
Texas Oyster Resource Management, LLC, v. Texas Parks & Wildlife Dept. et al. ,
cause no CV29629. Furthermore, Mr. Pritzlaff will be out of state November 5-8,
2015.
6. The Court has previously granted the Appellant’s unopposed motion
for extension to file their Appellant’s Brief.
7. Appellee files this Motion not for the purpose of delay, but so that
justice may be done.
PRAYER For the reasons stated above, Appellee the State of Texas prays that the Court
grant a 31-day extension, until Monday, December 7, 2015, to file its Response
Brief.
Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation PRISCILLA M. HUBENAK Chief, Environmental Protection Division /s/ Craig J. Pritzlaff___________ CRAIG J. PRITZLAFF Assistant Attorney General State Bar No. 24046658 Craig.Pritzlaff@texasattorneygeneral.gov *4 LINDA B. SECORD Assistant Attorney General State Bar No. 17973400 Linda.Secord@texasattorneygeneral.gov Office of the Attorney General Environmental Protection Division P.O. Box 12548, MC-066 Austin, Texas 78711-2548 Telephone: (512) 463-2012 Fax: (512) 320-0911 ATTORNEYS FOR THE STATE OF TEXAS CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(a)(5), on October 21, 2015, I, Craig Pritzlaff,
counsel for the Appellee, State of Texas, conferred with James Juranek, counsel for
Appellant, Bernard Morello, and Mr. Juranek informed me that he is not opposed to
this request for an extension of time.
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document
was served by electronic service and email on the following attorneys of record
on October 26, 2015.
James Juranek Keith W. Lapeze
Juranek Law Firm, PLLC Lapeze & Johns, PLLC
111 N. Ennis 601 Sawyer Street, Suite 650
Houston, Texas 77003 Houston, Texas 77007
james@jjfirm.com keith@lapezejohns.com
/s/ Craig J. Pritzlaff CRAIG J. PRITZLAFF