Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/26/2015 6:03:02 PM JEFFREY D. KYLE Clerk No. 03-14-00375-CV THIRD COURT OF APPEALS 8/26/2015 6:03:02 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00375-CV *1 ACCEPTED ^[6671000] CLERK In the Third Court of Appeals Austin, Texas _______________ A US P RO E NTERPRISES , LP, Appellant , v.

T EXAS D EPARTMENT OF T RANSPORTATION , Appellee . _______________ On Appeal from the 345th Judicial District Court of Travis County, Texas _______________ A PPELLANT ’ S U NOPPOSED M OTION FOR E XTENSION OF T IME TO F ILE S UPPLEMENTAL R EPLY ON R EED V . T OWN OF G ILBERT _______________ State Bar No. 00797202 [Tel] (281) 224-5848 [Fax] (281) 605-5677 Counsel for Appellant AusPro Enterprises, LP *2 I DENTITIES OF P ARTIES AND C OUNSEL The following is a complete list of the parties, attorneys, and any other person who has any interest in the outcome of this appeal.

Defandant/Appellant:

AusPro Enterprises, LP

Counsel for Defendant/Appellant:

State Bar No. 00797202

[Tel] (281) 224-5848

[Fax] (281) 605-5677

Plaintiff/Appellee:

Texas Department of Transportation

Counsel for Plaintiff/Appellee:

Douglas Geyser

Assistant Solicitor General

Matthew Bohuslav

Assistant Attorney General, Transportation Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

[Tel] (512) 936-2540

[Fax] (512) 472-3855

douglas.geyser@texasattorneygeneral.gov

matthew.bohuslav@texasattorneygeneral.gov

T O THE H ONORABLE T HIRD C OURT OF A PPEALS :

Appellant AusPro Enterprises, LP files this unopposed motion for a 30-day extension of time in which to file Appellant’s Supplemental Reply on

Reed v. Town of Gilbert , which is currently due on September 8, 2015.

Counsel for Appellant has several upcoming deadlines in other cases,

including responses and reply briefing in Grupo Mexico, S.A.B. de C.V. v.

SAS Asset Recovery, Ltd. , Misc. Action No. 3-14 MC-073-G-BH, in the

United States District Court for the Northern District of Texas and No. 15-

10300, in the United States Court of Appeals for the Fifth Circuit; response

briefing in Martin v. Andrews Kurth LLP , No. 2013-61098, in the District

Court of Harris County, Texas; and an amicus brief in Fisher v. University of

Texas , No. 14-981, in the Supreme Court of the United States. As a result,

counsel needs additional time to prepare AusPro’s supplemental reply

addressing the impact of the Supreme Court’s decision in Reed on this case.

Appellant has not requested any previous extensions of time to file the supplemental reply. The Court granted three previous requests for extension

of time to file AusPro’s opening brief. Appellee Texas Department of

Transportation does not oppose this request for an extension. This extension

is not sought for delay, and no party will be prejudiced if it is granted. With

a 30-day extension, Appellant’s supplemental reply would be due on

October 8, 2015.

P RAYER For the above reasons, Appellant respectfully requests a 30-day extension of time to file its supplemental reply on Reed .

Respectfully submitted, /s/ Meredith B. Parenti Tel: (281) 224-5848 Fax: (281) 605-5677 Counsel for Appellant AusPro Enterprises, LP *5 C ERTIFICATE OF C ONFERENCE I certify that on August 26, 2015, I conferred with counsel for Appellee, who represented that Appellee does not oppose this motion.

/s/ Meredith B. Parenti Meredith B. Parenti C ERTIFICATE OF S ERVICE I certify that on August 26, 2015, I served by a copy of this Motion on the following party via email and through the Court’s electronic filing

system:

Douglas Geyser

Assistant Solicitor General

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Counsel for Appellee Texas Department of Transportation

/s/ Meredith B. Parenti