ACCEPTED
03-15-00044-CV
4608934
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/23/2015 4:42:22 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00044-CV
FILED IN
In the Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
for the Third Judicial District 3/23/2015 4:42:22 PM
Austin, Texas JEFFREY D. KYLE
Clerk
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
Appellant,
v.
MAURIE LEVIN, NAOMI TERR, AND HILARY SHEARD,
Appellees.
On Appeal from the
201st Judicial District Court of Travis County, Texas
UNOPPOSED MOTION TO EXTEND DEADLINE
TO FILE APPELLANT’S OPENING BRIEF
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6,
Appellant Texas Department of Criminal Justice requests a 30-day
extension of the deadline to file Appellant’s opening brief. No prior
extension of this deadline has been sought. This extension request is not
opposed.
The opening brief is currently due March 27, 2015. The requested
30-day extension, if granted, would make the brief due on or before April
27, 2015.
There is good reason to grant the requested extension, which is not
sought for any improper purpose. Appellant is represented by new lead
counsel on appeal, who requires time to review the record and research
the legal issues prior to preparing and filing the opening brief. Moreover,
Appellant’s counsel has had and will continue to have a significant
workload in other matters that makes it impossible to complete by the
current deadline a brief that would be helpful to the Court. That
workload includes, but is not limited to, responding by April 1 to four
separate appellees’ briefs—totaling over 55,000 words—and three
separate amicus curiae briefs—totaling over 18,000 words—in a suit
challenging the Texas Voter ID law. See Veasey v. Abbott, No. 14-41127,
in the United States Court of Appeals for the Fifth Circuit.
PRAYER
For these reasons, the Court should extend to April 27, 2015, the
deadline for filing Appellant’s opening brief.
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Respectfully submitted.
KEN A. PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
SCOTT A. KELLER
Solicitor General
/s/ Richard B. Farrer
RICHARD B. FARRER
Assistant Solicitor General
State Bar No. 24055470
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-1823
Fax: (512) 474-2697
richard.farrer@texasattorneygeneral.gov
COUNSEL FOR APPELLANT TEXAS DEPARTMENT
OF CRIMINAL JUSTICE
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CERTIFICATE OF CONFERENCE
I certify that I conferred by email with counsel for Appellees, Philip
Durst, who indicated that this motion is not opposed.
/s/ Richard B. Farrer
Richard B. Farrer
Counsel for Appellant
CERTIFICATE OF SERVICE
On March 23, 2015, the foregoing document was served via File &
ServeXpress and e-mail on counsel for Appellees:
Philip Durst
Manuel Quinto-Pozos
DEATS, DURST, OWEN & LEAVY, PLLC
1204 San Antonio, Suite 203
Austin, Texas 78701
[Tel] (512) 474-6200
[Fax] (512) 474-7896
pdurst@ddollaw.com
mqp@ddollaw.com
Maurie Amanda Levin
LAW OFFICE OF MAURIE LEVIN
614 South 4th St. #346
Philadelphia, Pennsylvania 19147
[Tel] (512) 294-1540
[Fax] (215) 733-9225
maurielevin@gmail.com
/s/ Richard B. Farrer
Richard B. Farrer
Counsel for Appellant
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