Case Information

*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/3/2015 10:07:11 AM JEFFREY D. KYLE Clerk NO. 03-15-00186-CV THIRD COURT OF APPEALS 9/3/2015 10:07:11 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00186-CV *1 ACCEPTED ^[6777610] CLERK __________________________________________________

IN THE COURT OF APPEALS

THIRD JUDICIAL DISTRICT OF TEXAS

AT AUSTIN ________________________________________________

GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS

OF THE STATE OF TEXAS; AND

KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS,

Appellants v.

STATEWIDE MATERIALS TRANSPORT, LTD.,

Appellee. JOINT MOTION FOR FOURTH EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

For the reasons explained below, both parties jointly move for a sixty-day

extension of the Appellee’s Brief deadline to allow for finalization of an anticipated

settlement agreement, followed by dismissal of this pending matter. Appellee’s

current deadline is Tuesday, September 8, 2015. The parties seek an extension of

this deadline until Monday, November 9, 2015.

I. INTRODUCTION 1. Appellants are Glenn Hegar, Comptroller of Public Accounts of the

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

(“Appellants”).

2. Appellee is Statewide Materials Transport, Ltd. (“Appellee”).

3. No rule provides a deadline to file this Motion to Extend. See Tex. R.

App. P. 38.6(d).

II. ARGUMENT & AUTHORITIES

4. The Court has authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file Appellee’s Brief. This Motion is filed in

accordance with Texas Rule of Appellate Procedure 10.5(b)(1).

5. Appellee’s Brief is currently due on Tuesday, September 8, 2015.

6. Since August 11, 2015, settlement discussions have been underway

between the parties. The parties have now reached an initial agreement to the

settlement terms and are in the process of finalizing the necessary settlement

documents. It generally takes the Office of the Comptroller approximately 60 days

to process such documents and issue payment. The parties anticipate filing a Joint

Motion to Dismiss this appeal promptly following the completion of that process by

Appellants.

7. Counsel for both parties recognize that sixty days is a

longer-than-average extension period, especially given the number of extensions

previously granted in this matter. However, counsel jointly make this request as a

matter of efficiency and to promote final resolution of this matter because neither

has control over the length of time required by the Franchise Tax Refund

Verification Division of the Office of the Comptroller to process and finalize the

contemplated settlement. Rather than incur time and expense on behalf of the

clients to file repeated motions for further extension of time during this period, the

parties jointly make a request for a sixty-day extension period at this time.

8. The requested extension of Appellee’s Brief deadline will not prejudice

any party.

9. Three extensions of time have previously been granted to Appellee

regarding its Brief: Two at the request of Appellee, and one jointly requested by the

parties when settlement negotiations began.

10. The $10.00 filing fee has been submitted in connection with this

Motion.

III. PRAYER For these reasons, the Appellants and Appellee respectfully pray that this

Court grant an extension of time to file Appellee’s Brief from September 8 to

November 9, 2015, which is 60 days from the current deadline.

Respectfully submitted, M ARTENS , T ODD , L EONARD , T AYLOR & A HLRICH 301 Congress Ave., Suite 1950 Austin, Texas 78701 Telephone: (512) 542-9898 Telecopier: (512) 542-9899 By: /s/ Amanda G. Taylor Amanda Taylor ataylor@textaxlaw.com State Bar No. 24045921 James F. Martens jmartens@textaxlaw.com State Bar No. 13050720 Lacy L. Leonard lleonard@textaxlaw.com State Bar No. 24040561 Danielle V. Ahlrich dahlrich@textaxlaw.com State Bar No. 24059215 ATTORNEYS FOR APPELLEE STATEWIDE MATERIALS TRANSPORT, LTD.

JOINED BY

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

SCOTT A. KELLER

Solicitor General

BY: / s/ Douglas D. Geyser

DOUGLAS D. GEYSER Assistant Solicitor General State Bar No. 24059817 douglas.geyser@texasattorneygeneral.gov CHARLES K. ELDRED Assistant Attorney General charles.eldred@texasattorneygeneral.gov OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-2540 Fax: (512) 474-2697 COUNSEL FOR APPELLANTS GLENN HEGAR,

COMPTROLLER OF PUBLIC ACCOUNTS OF

THE STATE OF TEXAS, AND KEN PAXTON,

ATTORNEY GENERAL OF THE STATE OF

TEXAS

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that on

September 3, 2015, counsel for Appellee conferred with counsel for Appellants,

both Mr. Douglas Geyser and Mr. Charles Eldred, and they agree to join in the relief

requested by this Motion.

/s/ Amanda G. Taylor Amanda G. Taylor CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Joint Motion for a

Fourth Extension of Time to File Appellee’s Brief has been electronically filed and

served on all counsel below on September 3, 2015.

Douglas D. Geyser

Assistant Solicitor General

O FFICE OF THE A TTORNEY G ENERAL

P.O. Box 12548 (MC 059)

Austin, Texas 78711-2548

(512) 936-2540

(512) 474-2697 [fax]

douglas.geyser@texasattorneygeneral.gov

Charles Eldred

Assistant Attorney General

O FFICE OF THE A TTORNEY G ENERAL ,

F INANCIAL AND T AX L ITIGATION D IVISION

P.O. Box 12548

Austin, Texas 78711

(512) 463-1745

(512) 477-2348 [fax]

charles.eldred@texasattorneygeneral.gov

/s/ Amanda G. Taylor Amanda G. Taylor