Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/24/2015 1:20:30 PM JEFFREY D. KYLE Clerk No. 03-15-00093-CV THIRD COURT OF APPEALS 4/24/2015 1:20:30 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00093-CV *1 ACCEPTED CLERK In the Court of Appeals for the Third District of Texas at Austin T HE C ITY O F H OUSTON , Appellant v.
K EN P AXTON , A TTORNEY G ENERAL OF T EXAS , Appellee On Appeal from the 250th Judicial District Court Travis County, Texas Trial Court Case No. D-1-GV-14-000227 Unopposed Motion for Extension of Time to File Brief of Appellant or, Alternatively, to Adjust the Briefing Deadline Upon
Completion of the Clerk’s Record To the Honorable Third Court of Appeals:
Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellant, the
City of Houston files this motion for a 30-day extension of time to file its Brief
of Appellant or, alternatively, to adjust the briefing deadline upon completion
of the Clerk’s Record pursuant to Texas Rule of Appellate Procedure
38.6(a)(1), and in support respectfully would show:
1. The Clerk’s Record was filed on March 25, 2015, generating a due date
for Appellant’s Brief of April 24, 2015. A request for Supplemental
Clerk’s Record was filed in the Travis County District Court on April 23,
2015.
2. The undersigned has a busy trial and appellate practice with the City.
Among other briefs and commitments the undersigned has upcoming
are: 1) Randall Kallinen & Paul Kubosh v. City of Houston , No. 14-0015, in
the Supreme Court of Texas, Motion for Rehearing due May 6, 2015;
and 2) Gatesco Q.M., Ltd. d/b/a Quail Meadows Apartments v. City of
Houston , Cause No. 14-14-01017-CV, in the Fourteenth Court of Appeals,
Brief of Appellee due May 13, 2015.
3. This motion is not being brought for delay, but so that justice may be
done.
4. This motion is unopposed.
5. Alternatively, Appellant wishes to bring to the Court’s attention that the
Clerk’s Record in this appeal is incomplete, and requests that the Court
adjust the briefing deadline accordingly upon completion. Certain
documents were submitted to the trial court for in camera inspection.
Those documents were attached to Defendant’s Cross-Motion for
Summary Judgment as Exhibit C. Pursuant to Texas Government Code
section 552.3221 (attached as Exhibit A), this “Information at Issue”
forms the basis of this lawsuit and appeal and is necessary for the
adjudication of the case. Sections 552.3221(c)(2) and (3) mandate that
the “Information at Issue” shall be maintained in a sealed envelope and
shall be transmitted by the clerk of the court to the court of appeals as
part of the clerk’s record. To date, this “Information at Issue” has not
been transmitted to the Third Court of Appeals, and, therefore, the
Clerk’s Record is incomplete.
For these reasons, Appellant, the City of Houston, respectfully asks that
the Court grant a 30-day extension of time to file its Brief of Appellant, or,
alternatively, adjust the briefing deadline accordingly upon completion of the
Clerk’s Record, and grant any other relief to which it is entitled.
Respectfully submitted, D ONNA L. E DMUNDSON City Attorney J UDITH L. R AMSEY Chief, General Litigation Section By: /s/ Mary Beth Stevenson Mary E. (“Mary Beth”) Stevenson Assistant City Attorney SBN: 24072366 C ITY OF H OUSTON L EGAL D EPARTMENT 900 Bagby, 4th Floor Houston, Texas 77002 Telephone: 832.393.6491 Facsimile: 832.393.6259 marybeth.stevenson@houstontx.gov Attorneys for Appellant City of Houston Certificate of Conference I hereby certify that I have conferred with Appellee’s counsel and that
Appellee is unopposed to this motion.
/s/ Mary Beth Stevenson Mary E. (“Mary Beth”) Stevenson *5 Certificate of Service I hereby certify that on this 24th day of April, 2015, a true and correct
copy of the foregoing has been served on counsel below via e-service.
Matthew R. Entsminger
Assistant Attorney General
Open Records Litigation
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
matthew.entsminger@texasattorneygeneral.gov
Attorney for Appellee
/s/ Mary Beth Stevenson Mary E. (“Mary Beth”) Stevenson *6 E XHIBIT A
§ 552.3221. In Camera Inspection of Information, TX GOVT § 552.3221
Vernon’s Texas Statutes and Codes Annotated Government Code (Refs & Annos) Title 5. Open Government; Ethics (Refs & Annos)
Subtitle A. Open Government Chapter 552. Public Information (Refs & Annos) Subchapter H. Civil Enforcement
V.T.C.A., Government Code § 552.3221 § 552.3221. In Camera Inspection of Information Effective: September 1, 2013 Currentness
(a) In any suit filed under this chapter, the information at issue may be filed with the court for in camera inspection as is
necessary for the adjudication of the case.
(b) Upon receipt of the information at issue for in camera inspection, the court shall enter an order that prevents release to or
access by any person other than the court, a reviewing court of appeals, or parties permitted to inspect the information
pursuant to a protective order. The order shall further note the filing date and time.
(c) The information at issue filed with the court for in camera inspection shall be:
(1) appended to the order and transmitted by the court to the clerk for filing as “information at issue”;
(2) maintained in a sealed envelope or in a manner that precludes disclosure of the information; and
(3) transmitted by the clerk to any court of appeal as part of the clerk’s record.
(d) Information filed with the court under this section does not constitute “court records” within the meaning of Rule 76a,
Texas Rules of Civil Procedure, and shall not be made available by the clerk or any custodian of record for public inspection.
(e) For purposes of this section, “information at issue” is defined as information held by a governmental body that forms the
basis of a suit under this chapter.
Credits
Added by Acts 2013, 83rd Leg., ch. 461 (S.B. 983), § 1, eff. Sept. 1, 2013.
V. T. C. A., Government Code § 552.3221, TX GOVT § 552.3221
Current through the end of the 2013 Third Called Session of the 83rd Legislature © 2015 Thomson Reuters. No claim to original U.S. Government Works. End of Document
© 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 552.3221. In Camera Inspection of Information, TX GOVT § 552.3221
© 2015 Thomson Reuters. No claim to original U.S. Government Works.