ACCEPTED
03-14-00197-CV
3763229
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/14/2015 11:24:45 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00197-CV
In the Court of Appeals 3rd COURT FILED IN
OF APPEALS
AUSTIN, TEXAS
for the Third Judicial District 1/14/2015 11:24:45 AM
JEFFREY D. KYLE
Austin, Texas Clerk
GRAPHIC PACKAGING CORPORATION ,
Appellant,
v.
GLENN HEGAR , COMPTROLLER OF PUBLIC ACCOUNTS
OF THE S TATE OF T EXAS , AND
K EN PAXTON , ATTORNEY GENERAL OF THE STATE OF TEXAS ,
Appellees.
On Appeal from the 353rd Judicial District Court
Travis County, Texas
U NOPPOSED FOURTH MOTION FOR E XTENSION OF TIME (SEVEN D AYS )
TO F ILE A PPELLEES ’ B RIEF
TO THE HONORABLE THIRD COURT OF APPEALS :
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),
Appellees Glenn Hegar, Comptroller of Public Accounts of the State of Texas,
and Ken Paxton, Attorney General of the State of Texas, move to extend the
time to file the appellees’ brief by seven days, from the current deadline of
January 20, 2015, to a proposed new deadline of January 27, 2015.
I.
The clerk’s record was filed on April 28, 2014, and the reporter’s record
was filed on June 12, 2014, setting the initial deadline for the appellant’s brief
on July 14, 2014. The Court granted appellant’s three unopposed motions to
extend that deadline by a cumulative total of 74 days. Appellant timely filed its
brief on September 26, 2014.
II.
The initial deadline for appellees’ brief was October 27, 2014. The Court
granted appellees’ three unopposed motions to extend that deadline by a
cumulative total of 85 days, to the current deadline of January 20, 2015.
III.
Appellees now request a final, seven-day extension of the time to file their
brief, which would create a new deadline of January 27, 2015. Appellees will not
request any further extensions for this brief.
IV.
This extension is necessary because appellees’ lead counsel has been ill
with a viral infection for the last several days, hindering his ability to complete
the brief. That hindrance is especially problematic at this time because both
appellees recently have changed administrations, and therefore will require
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more time to review the draft brief. This extension is not sought for delay, and
no party will be prejudiced if it is granted.
V.
Appellant does not oppose this extension motion.
PRAYER
Appellees Glenn Hegar, Comptroller of Public Accounts of the State of
Texas, and Ken Paxton, Attorney General of the State of Texas, respectfully
request that the Court grant this motion and extend the deadline for filing
appellees’ brief to January 27, 2015.
Respectfully submitted.
K EN PAXTON /s/ Rance Craft
Attorney General of Texas R ANCE CRAFT
Assistant Solicitor General
CHARLES E. R OY State Bar No. 24035655
First Assistant Attorney
General CYNTHIA A. M ORALES
Assistant Attorney General
JAMES E. DAVIS State Bar No. 14417420
Deputy Attorney General for
Civil Litigation OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
SCOTT A. KELLER Austin, Texas 78711-2548
Solicitor General (512) 936-2872
(512) 474-2697 [fax]
rance.craft@texasattorneygeneral.gov
Counsel for Appellees
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C ERTIFICATE OF C ONFERENCE
I conferred with Amanda G. Taylor, counsel for appellant, regarding the
foregoing motion, and she advised that her client does not oppose the motion.
/s/ Rance Craft
Rance Craft
C ERTIFICATE OF S ERVICE
On January 14, 2015, this Unopposed Fourth Motion for Extension of
Time (Seven Days) to File Appellees’ Brief was served by File & Serve
Xpress on:
James F. Martens Amy L. Silverstein
jmartens@textaxlaw.com asilverstein@sptaxlaw.com
Amanda G. Taylor SILVERSTEIN & POMERANTZ LLP
ataylor@textaxlaw.com 12 Gough Street, Second Floor
Lacy L. Leonard San Francisco, California 94103
lleonard@textaxlaw.com
Danielle Ahlrich Counsel for Appellant
dahlrich@textaxlaw.com
M ARTENS , TODD , LEONARD &
TAYLOR
301 Congress Avenue, Suite 1950
Austin, Texas 78701
Counsel for Appellant
/s/ Rance Craft
Rance Craft
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Graphic Packaging Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas
Combined Opinion