Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 6/24/2015 3:57:03 PM JEFFREY D. KYLE Clerk No. 03-15-00113-CV THIRD COURT OF APPEALS 6/24/2015 3:57:03 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00113-CV *1 ACCEPTED CLERK In the Court of Appeals for the Third Judicial District Austin, Texas EMC ORPORATION , Appellant , v.

G LENN H EGAR , OMPTROLLER OF P UBLIC A CCOUNTS OF THE S TATE OF

T EXAS , AND K EN AXTON , A TTORNEY G ENERAL OF THE S TATE OF T EXAS ,

Appellees. On Appeal from the 353rd Judicial District Court, Travis County, Texas U NOPPOSED ECOND M OTION FOR E XTENSION OF T IME

TO F ILE A PPELLEES ’ B RIEF T O THE H ONORABLE T HIRD OURT OF A PPEALS :

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),

Appellees Glenn Hegar, Comptroller of Public Accounts of the State of Texas,

and Ken Paxton, Attorney General of the State of Texas, move to extend the

time to file the appellees’ brief by 7 days, from the current deadline of July 1,

2015, to a proposed new deadline of July 8, 2015.

I.

The clerk’s record was filed on April 22, 2015, setting the initial deadline

for the appellant’s brief on May 22, 2015. Appellant timely filed its brief on

April 30, 2015.

II.

Appellees’ brief was initially due on June 1, 2015. The Court granted

appellees’ unopposed motion for a 30-day extension, creating a new deadline of

July 1, 2015.

III.

Appellees now request a second, 7-day extension of the time to file their

brief, which would create a new deadline of July 8, 2015.

IV.

This extension is necessary because, during the current period for

preparing appellees’ brief, appellees’ lead counsel is also responsible for

drafting the cross-appellees’ brief in the statewide school-finance litigation,

Williams v. Tex. Taxpayer & Student Fairness Coal. , No. 14-0776 (Tex.) (due

July 2, 2015). This extension is not sought for delay, and no party will be

prejudiced if it is granted.

V.

Appellant does not oppose this extension motion. RAYER

Appellees Glenn Hegar, Comptroller of Public Accounts of the State of

Texas, and Ken Paxton, Attorney General of the State of Texas, respectfully

request that the Court grant this motion and extend the deadline for filing

appellees’ brief to July 8, 2015.

Respectfully submitted.

K EN AXTON COTT A. K ELLER

Attorney General of Texas Solicitor General HARLES E. R OY /s/ Rance Craft

First Assistant Attorney R ANCE RAFT

General Assistant Solicitor General

State Bar No. 24035655 J AMES E. D AVIS

Deputy Attorney General for HARLES K. E LDRED

Civil Litigation Assistant Attorney General

O FFICE OF THE A TTORNEY G ENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 (512) 936-2872 (512) 474-2697 [fax] rance.craft@texasattorneygeneral.gov Counsel for Appellees ERTIFICATE OF ONFERENCE I conferred with Doug Sigel, lead counsel for appellant, regarding the

foregoing motion. He advised that his client does not oppose the motion.

/s/ Rance Craft Rance Craft ERTIFICATE OF ERVICE On June 24, 2015, this Unopposed Second Motion for Extension of

Time to File Appellees’ Brief was served by File & Serve Xpress on:

Doug Sigel

R YAN L AW F IRM , LLP

100 Congress Avenue, Suite 950

Austin, Texas 78701

doug.sigel@ryanlawllp.com

Lead Counsel for Appellant

EMC Corporation

/s/ Rance Craft Rance Craft