Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/1/2015 10:40:31 AM JEFFREY D. KYLE Clerk CASE NO. 03-15-00363-CV THIRD COURT OF APPEALS 7/1/2015 10:40:31 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00363-CV *1 ACCEPTED ^[5895067] CLERK

IN THE COURT OF APPEALS

FOR THE THIRD JUDICIAL DISTRICT AT AUSTIN, TEXAS TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,

Appellant , v.

BRILLIANT STARTS LEARNING ACADEMY, L.L.C.

Appellee . On Appeal from the 207 TH District Court, Comal County, Texas;

Cause No. C2015-0676B; before the Honorable Dib Waldrup APPELLANT’S UNOPPOSED MOTION TO EXTEND TIME

TO FILE BRIEF KEN PAXTON Pat Tulinski

Attorney General of Texas State Bar No. 20283485

Assistant Attorney General CHARLES E. ROY TEXAS ATTORNEY GENERAL’S OFFICE

First Assistant Attorney General P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548 JAMES E. DAVIS Telephone: (512) 475-4170

Deputy Attorney General for Facsimile: (512) 320-0167

Civil Litigation pat.tulinski@texasattorneygeneral.gov

Attorneys for Appellant DAVID A. TALBOT, JR.

Chief, Administrative Law Division

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF

APPEALS:

Now comes Appellant Texas Department of Family & Protective Services,

asking the Court to extend the time to file its brief in Cause Number 03-15-

00363-CV; Trial Court Cause Number C2015-0676B.

Appellant is the Texas Department of Family & Protective Services.

Appellee is Brilliant Starts Learning Academy, L.L.C. There is no specific

deadline to file this motion to extend. See Tex. R. App. P. 38.6(d). Appellant

has conferred with counsel for Appellee, and this request for extension is

unopposed.

The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief. The Department’s brief is presently

due on July 2, 2015. The Department requests an additional twenty (20) days to

file its brief. If granted, the new due date will be July 22, 2015.

This extension is necessary because counsel for the Department had a

death in her family and was out of the office. Counsel for the Department was

the sole attorney present and participating at the multi-day hearing on the

Temporary Injunction, and she is familiar with the facts and law involved in

this case. There was no other attorney prepared to handle this matter for the

Department. Further, the legal and factual issues are moderately complex and

require sufficient time to address them properly.

This is the Department’s first motion to extend the deadline. No prior

extensions have been granted. This request is not sought for purposes of delay

but to see that justice is done.

For these reasons, Appellant respectfully requests that this Court grant this

20 day extension of time to file its brief, to be due on July 22, 2015.

SIGNED this 30 th day of June, 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 DAVID A. TALBOT, JR. Chief, Administrative Law Division /s/ Pat Tulinski Pat Tulinski TBN 20283485 Assistant Texas Attorney General Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4170 *4 Facsimile: (512) 320-0167 pat.tulinski@texasattorneygeneral.gov CERTIFICATE OF CONFERENCE

Pursuant to TRAP 10.1(a)(5), counsel for Appellant conferred with counsel

for Appellee and obtained consent to file this motion unopposed.

/ s/ Pat Tulinski Pat Tulinski CERTIFICATE OF SERVICE

I certify that a true and correct copy of the Appellant’s Unopposed Motion to

Extend Time to File Brief was transmitted by electronic filing on the 30 th day of

June, 2015 to the party of record as listed below:

Brilliant Starts Learning Gregory B. Cagle

Academy, L.L.C. Regional Attorney

Appellee Texas Municipal Police Association

1602B State St.

Houston, TX 77007 Telephone: (713) 489-4789 Facsimile: (713) 489-4792 gcagle@tmpalawyer.com /s/ Pat Tulinski Pat Tulinski