Reagan National Advertising of Austin, Inc. v. Phil Wilson, in His Official Capacity as the Executive Director of the Texas Department of Transportation

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ACCEPTED 03-16-00320-CV 12447751 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/30/2016 2:44:45 PM JEFFREY D. KYLE CLERK NO. 03-16-00320-CV FILED IN IN THE COURT OF APPEALS FOR THE THIRD 3rd COURT DISTRICT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 8/30/2016 2:44:45 PM JEFFREY D. KYLE Clerk REAGAN NATIONAL ADVERTISING OF AUSTIN, INC., Appellant, v. PHIL WILSON IN HIS OFFICIAL CAPACITY AS THE EXECUTIVE DIRECTOR OF THE TEXAS DEPARTMENT OF TRANSPORTATION, Appellee. On Appeal from the 98th District Court of Travis County, Texas; Cause No. D-l-GN-12-002674; the Honorable Tim Sulak, Presiding UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S BRIEF TO THE HONORABLE COURT OF APPEALS: Appellee Phil Wilson in his official capacity as the executive director of the Texas Department of Transportation presents this Motion pursuant to Rules 10.5(b) and 38.6( d) of the Texas Rules of Appellate Procedure and respectfully moves the court for an extension of time to file its Appellee's Brief. As grounds for this Motion, Appellee would respectfully show the Court the following: I. Appellee's Brief is due to be filed on September 6, 2016. 2. Appellee requests an extension of time to file its Brief until Thursday, October 6, 2016, which is 30 days after the current due date of September 6, 2016. 3. This is Appellee' s first request for extension of time to file its Brief. 4. Appellee needs an extension of time to file its Brief because the undersigned appellate counsel John Seth Johnson was not counsel in the trial court, and needs additional time to review the Clerk's Record and relevant law. In addition, time constraints on Appellee' s counsel have made it impossible to complete the Appellee's Brief by September 6, 2016. Appellee's counsel, in addition to routine duties, has had to make substantial time commitments to the following: a. preparing for and defending a Rule 202 deposition in In re Hoyt; Cause No. CV16-03-250, filed in the 271 st Judicial District Court of Wise County, Texas; b. preparing for and defending depositions in The State of Texas v. Northwest Airport Management, L.P., et al.; Cause No. 1045839, filed in the County Court of Law No. 1 of Harris County, Texas; c. preparing for and arguing a motion to dismiss for lack of jurisdiction in Flores v. National Van Lines, et. al.; Cause No. CV-04576-205, filed in the 205th Judicial District Court of Hudspeth County, Texas; -2- d. preparing for and attending a Special Commissioners' Hearing in The State of Texas v. Matthew Davis, et ux .. ; Cause No. 005-01248-2016; filed in the County Court at Law No. 5 of Collin County, Texas; e. preparing for and attending a Special Commissioners' Hearing in The State of Texas v. Lockhart Management, L.P.; Cause No. 005-01251-2016; filed in the County Court at Law No. 5 of Collin County, Texas; and f. preparing for and attending a Special Commissioners' Hearing in The State of Texas v. Edgewater Arlington, LLC, a Texas Limited Liability Company; Cause No. 2016-003354-3; filed in the County Court at Law No. 3 of Tarrant County, Texas. For these reasons, Appellee respectfully requests that the Court grant an extension for filing Appellee's Brief until Thursday, October 6, 2016. Respectfully submitted, KENPAXTON Attorney General ofTexas JEFFREYC.MATEER First Assistant Attorney General BRANTLEY STARR Deputy First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation -3- RANDALL K. HILL Assistant Attorney General Chief, Transportation Division Isl John Seth Johnson JOHN SETH JOHNSON State Bar No. 24083259 j ohn.johnson@texasattorneygeneral.gov Assistant Attorney General P. O.Box 12548 Austin, Texas 78711-2548 Telephone: (512) 463-2004 Facsimile: (512) 472-3855 ATTORNEYS FOR APPELLEE CERTIFICATE OF CONFERENCE I hereby certify that on August 23, 2016, I conferred with Appellant's counsel, Christopher Rothfelder, and he indicated that Appellant would not oppose this motion. Isl John Seth Johnson John Seth Johnson Assistant Attorney General -4 - CERTIFICATE OF SERVICE I certify that on the 30th day of August, 2016, I served a copy of this Unopposed First Motion for Extension of Time to File Af'Pellee's Brief on the following parties in accordance with the Texas Rules of Civi Procedure: Via Electronic Service Richard L. Rothfelder rrothfelder@swbell .net Christopher Warren Rothfelder crothfeider@rothfelderfalick.com ROTHFELD ER & FALICK, L.L.P. 1201 Louisiana, Suite 550 Houston, Texas 77002 Telephone: (713) 220-2288 Facsimile: (713) 658-8211 ATTORNEYS FOR APPELLANT REAGAN NATIONAL ADVERTISING OF AUSTIN, INC Isl John Seth Johnson John Seth Johnson Assistant Attorney General -5-