Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/15/2015 4:15:07 PM JEFFREY D. KYLE Clerk No. 03-15-00186-CV THIRD COURT OF APPEALS 4/15/2015 4:15:07 PM JEFFREY D. KYLE 03-15-00186-CV AUSTIN, TEXAS *1 ACCEPTED [4905147] CLERK
In the Court of Appeals
for the Third Judicial District
Austin, Texas G LENN H EGAR , OMPTROLLER OF P UBLIC A CCOUNTS OF THE S TATE OF
T EXAS , AND K EN P AXTON , A TTORNEY G ENERAL OF THE
S TATE OF T EXAS ,
Appellants ,
v. TATEWIDE M ATERIALS T RANSPORT , L TD .,
Appellee . On Appeal from the
250th Judicial District Court of Travis County, Texas
U NOPPOSED F IRST M OTION TO E XTEND T IME
T O F ILE PPELLANTS ’ B RIEF T O THE H ONORABLE T HIRD OURT OF PPEALS :
Appellants move to extend the time to file their Appellants’ Brief
pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d).
I.
The Appellants’ Brief is currently due April 27, 2015. Appellants
seek a 30-day extension, creating a new deadline of May 27, 2015. This
is Appellants’ first request, and Appellee does not oppose the extension.
II.
The extension is not sought for delay, and no party will be
prejudiced if it is granted. Appellants request this extension because
undersigned counsel and the Solicitor General’s Office are new to this
case at the appellate level, and undersigned counsel has substantial
litigation commitments in other cases, including: preparing the appellees’
brief due April 17, 2015, in the U.S. Court of Appeals for the Fifth Circuit
in Bach v. Texas State University et al. , No. 14-51081; and preparing the
reply brief on the merits due April 28, 2015, in the Texas Supreme Court
in The University of Texas at El Paso v. Ochoa , No. 13-0982. The
additional time requested will permit counsel to fully analyze the record
and relevant law in order to prepare thorough briefing, which would aid
the Court in its consideration of this appeal.
III.
Appellants respectfully request that the Court grant a 30-day
extension for filing their brief, creating a new deadline of May 27, 2015.
Respectfully submitted.
K EN P AXTON
Attorney General of Texas HARLES E. R OY
First Assistant Attorney General COTT A. K ELLER
Solicitor General
/s/ Douglas D. Geyser
D OUGLAS D. G EYSER
Assistant Solicitor General
State Bar No. 24059817
O FFICE OF THE TTORNEY G ENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-2540
Fax: (512) 474-2697
douglas.geyser@texasattorneygeneral.gov OUNSEL FOR PPELLANTS
C ERTIFICATE OF C ONFERENCE
I certify that on April 15, 2015, I conferred with counsel for Appellee
regarding this motion, and counsel advised that Appellee does not oppose
the motion.
/s/ Douglas D. Geyser Douglas D. Geyser
Counsel for Appellants ERTIFICATE OF ERVICE
On April 15, 2015, this motion was served via File & ServeXpress
and/or e-mail on:
Amanda G. Taylor
James F. Martens
Danielle V. Ahlrich
M ARTENS , T ODD , L EONARD , T AYLOR & HLRICH
301 Congress Ave., Suite 1950
Austin, Texas 78701
[Tel] (512) 542-9898
ataylor@textaxlaw.com OUNSEL FOR PPELLEE
/s/ Douglas D. Geyser
Douglas D. Geyser
Counsel for Appellants