Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/1/2015 4:18:00 PM JEFFREY D. KYLE Clerk No. 03-15-00427-CV THIRD COURT OF APPEALS 12/1/2015 4:18:00 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00427-CV *1 ACCEPTED [8040048] 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.
A UTOHAUS LP, LLP, Appellee.
____________________________________________________
On Appeal from the 419th Judicial District Court
Travis County, Texas ____________________________________________________
U NOPPOSED S ECOND M OTION FOR E XTENSION OF T IME
TO F ILE A PPELLANTS ’ B RIEF
____________________________________________________
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 36.8(d),
Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas,
and Ken Paxton, Attorney General of the State of Texas (hereinafter collectively
“Appellants”), move to extend the time to file the appellants’ brief, by ten (10)
days, from the current deadline of Friday, December 4, 2015, to a proposed new
deadline of Monday, December 14, 2015.
I.
Appellants have received one prior 30-day extension of time to file their
brief.
II.
The Appellants’ brief is currently due December 4, 2015. Appellants seek
an additional 10 days to file their brief, which would extend the deadline to
December 14, 2015.
III.
This extension is necessary because during the current 30-day period for
preparing appellants’ brief, Appellants’ counsel has been responsible for:
(1) overseeing production of documents on November 5, 2015 in
response to a third-party subpoena in Cantilo v. Bennett, LLP., Special
Deputy Receiver of Santa Fe Auto Insurance Co. v. Bailey, Crow,
Kulger & Arnold, LLP, et. al., No. D-1-GN-15-000799, in the 98th
Judicial District of Travis County, Texas;
(2) assisting counsel for the State of Texas in City of Austin v. Travis
Central Appraisal District, et al., No. D-1-GN-15-003492, pending in
the 126th Judicial District of Travis County, Texas, and attending a
hearing on the same on November 6, 2015;
(3) assisting with the preparation of oral argument in Glenn Hegar,
Comptroller of Public Accounts and Ken Paxton, Texas Attorney
General v. CheckFree Services Corporation , No. 14-15-00027-CV,
pending in the Fourteenth Court of Appeals (argued by Quinn Ryan
on November 12, 2015); and
(4) representing a state agency from whom documents were requested in
a federal grand jury subpoena (further details omitted due to federal
confidentiality requirements).
Additionally, in requesting her first extension, Appellants’ counsel failed to
consider both the upcoming Veteran’s Day and Thanksgiving Day holidays.
Appellants’ counsel’s office was closed all day Wednesday, November 11, 2015,
and from noon Wednesday, November 25, 2015, through Sunday,
November 29, 2015. Additionally, Appellants’ counsel was sick and out of the
office for part of the day Tuesday, November 24, 2015, and also out of the office
part of the day Monday, November 30, 2015.
This request is not made for delay, but to ensure that the issues in this appeal
are properly presented to this Court.
IV.
Appellee does not oppose this motion for extension of time.
CONCLUSION For the foregoing reasons, Appellants Glenn Hegar, Comptroller of Public
Accounts for the State of Texas, and Ken Paxton, Attorney General for the State of
Texas, respectfully request that the Court grant this motion and extend the deadline
for filing Appellants’ brief to Monday, December 14, 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/ Cynthia A. Morales CYNTHIA A. MORALES Assistant Attorney General Financial Litigation and Charitable Trusts Division State Bar No. 14417420 P.O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-4470 Telecopier: (512) 477-2348 cynthia.morales@texasattorneygeneral.gov Counsel for Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas ERTIFICATE OF C ONFERENCE I certify that I conferred with Counsel for Appellee, David Colmenero,
regarding the foregoing motion, and he advised that Appellee is not opposed to the
foregoing motion.
/s/ Cynthia A. Morales CYNTHIA A. MORALES Assistant Attorney General ERTIFICATE OF S ERVICE On December 1, 2015, this Unopposed Second Motion for Extension of Time
to File Appellants’ Brief was served electronically through the electronic filing
manager and/or via email as shown below:
David E. Colmenero/Alex Pilawski
MEADOWS, COLLIER, REED, COUSINS,
CROUCH & UNGERMAN, L.L.P.
dcolmenero@meadowscollier.com
/s/ Cynthia A. Morales CYNTHIA A. MORALES Assistant Attorney General