Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/12/2015 3:44:35 PM JEFFREY D. KYLE Clerk NO. 03-15-00186-CV THIRD COURT OF APPEALS 8/12/2015 3:44:35 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00186-CV *1 ACCEPTED [6469216] CLERK __________________________________________________
IN THE COURT OF APPEALS
THIRD JUDICIAL DISTRICT OF TEXAS
AT AUSTIN ________________________________________________
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS
OF THE STATE OF TEXAS; AND
KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS,
Appellants v.
STATEWIDE MATERIALS TRANSPORT, LTD.,
Appellee. JOINT MOTION FOR THIRD EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
On August 11, 2015, settlement discussions arose between the parties. Thus,
both parties jointly move for a twenty-day extension of the Appellee’s Brief deadline
to allow these negotiations to continue and to potentially finalize a settlement of this
pending matter. Appellee ’s current deadline is Monday, August 17. The parties
seek an extension of this deadline until Tuesday, September 8 (following the Labor
Day holiday on September 7).
I. INTRODUCTION 1. Appellants are Glenn Hegar, Comptroller of Public Accounts of the
State of Texas, and Ken Paxton, Attorney General of the State of Texas
(“Appellants”).
2. Appellee is Statewide Materials Transport, Ltd. (“Appellee”).
3. No rule provides a deadline to file this Motion to Extend. See Tex. R.
App. P. 38.6(d).
II. ARGUMENT & AUTHORITIES
4. The Court has authority under Texas Rule of Appellate Procedure
38.6(d) to extend the time to file Appellee’s Brief. This Motion is filed in
accordance with Texas Rule of Appellate Procedure 10.5(b)(1).
5. Appellee’s Brief is currently due on Monday, August 17, 2015.
6. Counsel for Appellants contacted counsel for Appellee on Tuesday,
August 11, 2015, to discuss settlement possibilities. Both parties intend to continue
these discussions in good faith. Both parties agree that it will be most efficient to
extend the deadline for filing Appellee’s Brief for a short period of time to allow
these discussions to continue and potentially result in a final settlement of the case.
7. The parties therefore jointly request a 20-day extension of Appellee’s
brief-filing deadline.
8. The requested extension of Appellee’s Brief deadline will not prejudice
any party.
9. Two extensions of time have previously been granted to Appellee
regarding its Brief.
10. The $10.00 filing fee has been submitted in connection with this
Motion.
III. PRAYER For these reasons, the Appellants and Appellee respectfully pray that this
Court grant an extension of time to file Appellee’s Brief from August 17 to
September 8, 2015, which is 20 days from the current deadline.
Respectfully submitted, M ARTENS , T ODD , L EONARD , T AYLOR & A HLRICH 301 Congress Ave., Suite 1950 Austin, Texas 78701 Telephone: (512) 542-9898 Telecopier: (512) 542-9899 By: /s/ Amanda G. Taylor Amanda Taylor ataylor@textaxlaw.com State Bar No. 24045921 James F. Martens jmartens@textaxlaw.com State Bar No. 13050720 Lacy L. Leonard lleonard@textaxlaw.com State Bar No. 24040561 Danielle V. Ahlrich dahlrich@textaxlaw.com State Bar No. 24059215 ATTORNEYS FOR APPELLEE STATEWIDE MATERIALS TRANSPORT, LTD.
JOINED BY
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
SCOTT A. KELLER
Solicitor General
BY: / s/ Douglas D. Geyser
DOUGLAS D. GEYSER Assistant Solicitor General State Bar No. 24059817 douglas.geyser@texasattorneygeneral.gov CHARLES K. ELDRED Assistant Attorney General charles.eldred@texasattorneygeneral.gov OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-2540 Fax: (512) 474-2697 COUNSEL FOR APPELLANTS GLENN HEGAR,
COMPTROLLER OF PUBLIC ACCOUNTS OF
THE STATE OF TEXAS, AND KEN PAXTON,
ATTORNEY GENERAL OF THE STATE OF
TEXAS
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that on
August 12, 2015, counsel for Appellee has conferred with counsel for Appellants,
both Mr. Douglas Geyser and Mr. Charles Eldred, and they agree to join in the relief
requested by this Motion.
/s/ Amanda G. Taylor Amanda G. Taylor CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Joint Motion for
a Third Extension of Time to File Appellee’s Brief has been electronically filed and
served on all counsel below on August 12, 2015.
Douglas D. Geyser
Assistant Solicitor General
O FFICE OF THE A TTORNEY G ENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
(512) 936-2540
(512) 474-2697 [fax]
douglas.geyser@texasattorneygeneral.gov
Charles Eldred
Assistant Attorney General
O FFICE OF THE A TTORNEY G ENERAL ,
F INANCIAL AND T AX L ITIGATION D IVISION
P.O. Box 12548
Austin, Texas 78711
(512) 463-1745
(512) 477-2348 [fax]
charles.eldred@texasattorneygeneral.gov
/s/ Amanda G. Taylor Amanda G. Taylor