Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/24/2015 10:38:42 AM JEFFREY D. KYLE Clerk No. 03-15-00019-CV THIRD COURT OF APPEALS 6/24/2015 10:38:42 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00019-CV *1 ACCEPTED [5800790] CLERK I N T HE C OURT O F A PPEALS OR T HE T HIRD J UDICIAL D ISTRICT
A USTIN , T EXAS J EFF K AISER , P.C. AND J EFFERY ENEDICT K AISER Appellants, VS . HE S TATE OF T EXAS ,
Appellee. Appeal from the 98 th District Court of Travis County, Texas,
No. D-1-GV-13-000790, Honorable John Wisser presiding APPELLEE’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF KEN PAXTON
Attorney General of Texas Assistant Attorney General
State Bar No. 24070354 CHARLES E. ROY sean.oneill@texasattorneygeneral.gov
First Assistant Attorney General KEVIN R. SAUER
Assistant Attorney General JAMES E. DAVIS State Bar No. 24088355
Deputy Attorney General for Litigation kevin.sauer@texasattorneygeneral.gov
Bankruptcy & Collections Division RONALD R. DEL VENTO P.O. Box 12548
Assistant Attorney General Austin, Texas 78711-2548
Chief, Bankruptcy & Collections (512) 463-2173
Division (512) 482-8341 (FAX)
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.1, 10.5(b), and 38.6(d),
Appellee, the State of Texas, files this Unopposed First Motion to Extend Time to
File Appellee’s Brief. Appellee requests a 30-day extension of time, until and
including July 31, 2015, in which to file its Appellee’s Brief, and would show the
Court the following:
Introduction 1. Appellants are Jeff Kaiser, P.C. and Jeffery Benedict Kaiser.
2. Appellee is the State of Texas.
3. Appellants’ filed their brief on June 1, 2015.
4. Appellee’s brief is currently due on July 1, 2015 .
Reason for Extension Appellee requests additional time due to recent conflicts regarding Counsel for Appellee including multiple discovery deadlines and hearings, including:
a. State of Texas v. Homestead Club Ventures, LLC and Patricia Foster
Kupritz , No. D-1-GN-15-000732, 126th Judicial District Court of
Travis County, Texas – June 29, 2015 deadline for Plaintiff’s Response
to Defendants’ Request for Admissions and Interrogatories;
b. State of Texas et al. v. Southlake Aviation, LLC and David Disiere , No.
D-1-GN-14-004231, 98th Judicial District Court of Travis County,
Texas – Hearing on Motion to Compel set for June 30, 2015;
c. James Michael Weaver v. State of Texas , No. D-1-GV-13-000563,
201st Judicial District Court of Tarrant County, Texas, – Hearing on
Motion for Summary Judgment set for July 1, 2015;
d. State of Texas and the City of Arlington, Texas v. Mohammed Khelif
a/k/a Muhammad Subhi Khelif , No. D-1-GV-14-000110, 250th Judicial
District Court of Tarrant County, Texas, – Hearing on Motion for
Summary Judgment set for July 1, 2015;
e. State of Texas et al. v. Nicolasa I. Zuniga a/k/a Nicolasa Ibarra Zuniga ,
No. D-1-GN-14-003238, 53rd Judicial District Court of Tarrant
County, Texas, – Hearing on Motion for Summary Judgment set for
July 2, 2015; and
f. State of Texas et al. v. Jacob K. Maxwell , No. D-1-GN-14-004282,
126th Judicial District Court of Tarrant County, Texas, – Hearing on
Motion for Summary Judgment set for July 2, 2015. Counsel for Appellee therefore requests a 30-day extension of time to file its
response brief, making the brief due on July 31, 2015 .
7. This is the first request for extension of time to file Appellee’s brief. No
prior extension has been granted to extend the time to file Appellee’s brief. This
Motion is filed not for delay, but so that justice may be done in the disposition of
this proceeding. Appellants do not oppose this Motion.
Prayer
For the reasons set forth above, Appellee requests that this Court grant this
Unopposed First Motion to Extend Time to File Appellee’s Brief and extend the
deadline for filing the Appellee’s Brief up to and including July 31, 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 RONALD R. DEL VENTO Assistant Attorney General Chief, Bankruptcy & Collections Division /s/ Sean M. O’Neill sean.o’neill@texasattorneygeneral.gov Assistant Attorney General State Bar No. 24070354 KEVIN R. SAUER Assistant Attorney General State Bar No. 24088355 kevin.sauer@texasattorneygeneral.gov Bankruptcy & Collections Division P.O. Box 12548 Austin, Texas 78711-2548 Tel: (512) 463-2173 Fax: (512) 482-8341 *6 CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(a)(5), I certify that the undersigned conferred
with opposing counsel who indicated that his client does not oppose this motion.
/s/ Sean M. O’Neill SEAN M. O’NEILL CERTIFICATE OF SERVICE I certify a true and correct copy of the foregoing Appellee = s Motion to Extend
Time to File the Brief was sent via e-service and via confirmed facsimile
transmission on the 24th day of June, 2015, to:
George F. May
T WOMEY | M AY , PLLC
2 Riverway, 15th Floor
Houston, Texas 77056
(713) 659-0000 Telephone
(832) 201-8485 Facsimile
george@twomeymay.com
A TTORNEY FOR A PPELLANTS , J EFF K AISER , P.C. AND
J EFFERY B ENEDICT K AISER
/s/ Sean M. O’Neill