Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 12/29/2015 3:19:03 PM JEFFREY D. KYLE Clerk No. 03-15-00738-CV THIRD COURT OF APPEALS 12/29/2015 3:19:03 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00738-CV *1 ACCEPTED [8396448] CLERK
In the Court of Appeals
for the Third Judicial District
Austin, Texas G LENN H EGAR , OMPTROLLER OF P UBLIC A CCOUNTS OF THE S TATE OF
T EXAS ; AND K EN P AXTON , A TTORNEY G ENERAL OF THE S TATE OF T EXAS ,
Appellants ,
v. UNSTATE E QUIPMENT O ., LLC,
Appellee . On Appeal from the
353rd Judicial District Court of Travis County, Texas
U NOPPOSED F IRST M OTION TO E XTEND T IME
T O F ILE A PPELLANTS ’ B RIEF T O THE H ONORABLE T HIRD OURT OF A PPEALS :
Appellants Glenn Hegar, Comptroller of Public Accounts of the
State of Texas, and Ken Paxton, Attorney General of the State of Texas
(the “State Appellants”), move to extend the time to file their Appellants’
Brief pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d).
I.
The State Appellants’ brief is currently due January 15, 2016. The
State Appellants seek a 28-day extension, creating a new deadline of
February 12, 2016. This is the State Appellants’ first request, and
Appellee does not oppose the extension.
II.
The extension is not sought for delay, and no party will be
prejudiced if it is granted. The State Appellants request this extension
because undersigned counsel and the Solicitor General’s Office are new
to this case at the appellate level, and undersigned counsel has
substantial litigation commitments in other cases, including as principal
author of the reply brief on the merits due January 29, 2016, in the New
Mexico Supreme Court case Montaño v. Frezza , No. S-1-SC-35214.
Moreover, counsel is traveling out of State for the holidays from
December 24th through December 28th and from December 30th through
January 3rd. The additional time requested will permit counsel to fully
analyze the record and relevant law in order to prepare thorough
briefing, which would aid the Court in its consideration of this appeal.
III.
The State Appellants respectfully request that the Court grant a
30-day extension for filing their brief, creating a new deadline of
February 12, 2016.
Respectfully submitted.
K EN P AXTON
Attorney General of Texas HARLES E. R OY
First Assistant Attorney General
S COTT A. K ELLER
Solicitor General
/s/ Lisa A. Bennett
L ISA A. B ENNETT
Assistant Solicitor General
State Bar No. 24073910
O FFICE OF THE A TTORNEY G ENERAL
P.O. Box 12548
Austin, Texas 78711-2548
Tel.: (512) 936-2923
Fax: (512) 474-2697
lisa.bennett@texasattorneygeneral.gov OUNSEL FOR A PPELLANTS G LENN H EGAR , OMPTROLLER OF P UBLIC A CCOUNTS OF THE
S TATE OF T EXAS ; AND K EN P AXTON , A TTORNEY
G ENERAL OF THE TATE OF T EXAS ERTIFICATE OF ONFERENCE
I certify that on December 29, 2015, I conferred with counsel for
Appellee regarding this motion, and counsel advised that Appellee does
not oppose the motion.
/s/ Lisa A. Bennett Lisa A. Bennett
Counsel for Appellants ERTIFICATE OF ERVICE
On December 29, 2015, this motion was served via File &
ServeXpress and/or e-mail on:
Arthur Val Perkins
GARDERE WYNNE SEWELL LLP
1000 Louisiana Street, Suite 3400
Houston, Texas 77002-5011
Tel: (713) 276-5008
Fax: (713) 276-5555
vperkins@gardere.com
/s/ Lisa A. Bennett
Lisa A. Bennett
Counsel for Appellants