Case Information

*1 FILED 14-0797 5/7/2015 10:40:07 AM tex-5188684 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK N O . 14-0797

I N THE

S UPREME C OURT OF T EXAS I N RE S TEVEN P HILLIPS ,

R ELATOR . O N P ETITION FOR W RIT OF M ANDAMUS TO

THE T EXAS C OMPTROLLER OF P UBLIC A CCOUNTS R ESPONDENT ’ S U NOPPOSED M OTION FOR 14-D AY E XTENSION TO F ILE

B RIEF ON THE M ERITS TO THE HONORABLE SUPREME COURT OF TEXAS:

COMES NOW, Respondent Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and files this Unopposed Motion for 15-Day Extension within which to file the Comptroller’s Brief on the Merits.

A. FACTS SUPPORTING EXTENSION Petitioner is Steven C. Phillips (“Phillips”). Respondent is Glenn Hegar, Comptroller of Public Accounts of the State of Texas (“Comptroller”). The present deadline for the Comptroller’s Brief is May 11, 2015.

3. The Comptroller respectfully requests a 15-day extension of time.

4. Relator Phillips is unopposed to the extension of time sought in this

motion. 5. If extended by 15 days, the applicable deadline would be May 26, 2015

(the Tuesday following Memorial Day, which is May 25, 2015).

B. ARGUMENT & AUTHORITIES 6. The Court has the authority to grant extensions under Texas Rules of

Appellate Procedure 10.5(b) and 55.7. Comptroller has not sought any extension for this filing previously and

seeks an extension due to lead counsel’s unanticipated absences from the office since the filing of Relator’s brief and the departure of prior co-counsel, necessitating a substitution of co-counsel. This extension is not being sought for purposes of delay but rather so

that justice is done and so that this Court may be fully apprised of the issues before it in this case. PRAYER

For these reasons, the Comptroller requests an additional 15 days within which to file his Brief.

Respectfully submitted,

KEN PAXTON

Attorney General

CHARLES E. ROY

First Assistant Attorney General JAMES E. DAVIS

Deputy Attorney General for Defense Litigation

ROBERT O’KEEFE

Division Chief

Financial Litigation, Tax, and Charitable Trusts Division

/s/ Lesli G. Ginn State Bar No. 24050664

Deputy Division Chief

JENNIFER S. JACKSON

State Bar No. 24060004

Assistant Attorney General Financial Litigation, Tax, and Charitable Trusts Division

P.O. Box 12548

Austin, Texas 78711-2548

Telephone: (512) 936-0538 Telecopier: (512) 477-2348 Lesli.Ginn@texasattorneygeneral.gov Jennifer.Jackson@texasattorneygeneral .gov

Counsel for Respondent Glenn Hegar, Comptroller of Public Accounts of the State of Texas

CERTIFICATE OF CONFERENCE I hereby certify that I have conferred with Matthew Wymer, counsel for Relator Phillips, and that he is not opposed to the foregoing motion.

/s/ Lesli G. Ginn LESLI GATTIS GINN

CERTIFICATE OF SERVICE I hereby certify that on this 7th of May, 2014, a true and correct copy of the foregoing Respondent’s Unopposed Motion for 15-Day Extension to File Brief on the Merits was served on the following attorneys of record, via eFileTexas.gov service and/or as otherwise indicated below:

Matthew Wymer mwymer@bmpllp.com Marisa Resendez mresendez@bmpllp.com Beirne, Maynard & Parsons LLP

112 E. Pecan, Suite 2750

San Antonio, Texas 78205

Counsel for Relator

/s/ Lesli G. Ginn