ACCEPTED
03-14-00667-CV
4179841
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/17/2015 3:14:08 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00667-CV
FILED IN
IN THE 3rd COURT OF APPEALS
AUSTIN, TEXAS
2/17/2015 3:14:08 PM
THIRD COURT OF APPEALS JEFFREY D. KYLE
Clerk
AT AUSTIN
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY,
Appellant,
v.
EXXON MOBIL CORPORATION, EXXONMOBIL OIL CORPORATION,
PENNZOIL-QUAKER STATE COMPANY AND SHELL OIL COMPANY,
Appellees.
Appealed from the 345th Judicial District Court of
Travis County, Texas
FIRST UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S REPLY BRIEF
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Rules 10.5(b)(1) and 38.6(d), Appellant the Texas Commis-
sion on Environmental Quality files this first unopposed motion for an
extension of time and respectfully requests a 12-day extension of time,
until and through March 2, 2015, to file its Reply Brief.
1. The current deadline for filing Appellant’s Reply Brief is Wednes-
day, February 18, 2015.
2. Appellant requests a 12-day extension, until March 2, 2015.
3. No previous extensions have been granted regarding this brief.
4. Oral argument has been set for March 11, 2015, at 1:30 p.m.
5. An extension until March 2, 2015, is not opposed by Appellees.
6. This motion is requested for the following reasons:
a. Assistant Attorney General Linda Secord suffered a broken
ankle, which required surgery on January 6, 2015, and has been unable
to work effectively since that date. Her first partial day back in the
office was February 12; she is not expected to return full-time before
March 15, 2015. Her legal knowledge and expertise are essential to the
State’s briefing in this complex and important case. Her participation
will allow the State to make the best possible presentation of the
issues, including several issues of first impression, for the Court’s
consideration.
b. Assistant Attorney General Craig Pritzlaff has a deadline of
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Tuesday, February 17, 2015, to file a reply brief in State of Texas v.
Bernard Morello, D-1-GV-06-000627, in the 353rd Judicial District Court
of Travis County. He has a Motion for Summary Judgment set for
Thursday, February 19, 2015, in that case, seeking to recover civil
penalties for violations of environmental law and regulations. He has
not been able to assist with the briefing on this appeal.
7. No trial date has been set in the trial court, and no scheduling
order is in place in the trial court that would be impacted by an extension
of time to consider this appeal.
PRAYER
For the reasons stated above, Appellant the Texas Commission on
Environmental Quality prays that the Court grant a 12-day extension, until
March 2, 2015, for the State to file its Reply Brief.
Respectfully submitted this 17th day of February 2015.
KEN PAXTON
Attorney General of Texas
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CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil
Litigation
JON NIERMANN
Chief, Environmental Protection
Division
/s/ Thomas H. Edwards
THOMAS H. EDWARDS
Assistant Attorney General
Tex. Bar No. 06461800
Thomas.Edwards@TexasAttorney
General.gov
CRAIG J. PRITZLAFF
Assistant Attorney General
Tex. Bar No. 24046658
Craig.Pritzlaff@TexasAttorney
General.gov
LINDA SECORD
Assistant Attorney General
Tex. Bar No. 17973400
Linda.Secord@TexasAttorney
General.gov
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Office of the Attorney General
Environmental Protection Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Tel: (512) 463-2012
Fax: (512) 320-0911
ATTORNEYS FOR APPELLANT,
THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
CERTIFICATE OF CONFERENCE
On February 13-16, 2015, the undersigned conferred with Adam
Sencenbaugh, counsel for Appellees, and Mr. Sencenbaugh confirmed that
this motion is not opposed.
/s/ Thomas H. Edwards
THOMAS H. EDWARDS
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CERTIFICATE OF SERVICE
I, Thomas H. Edwards, do hereby certify that a true and correct copy
of the foregoing document was served by electronic service on the
following parties or attorneys of record on the 17th day of February, 2015,
and by email the same day.
Attorneys Parties
John R. Eldridge Exxon Mobil Corporation,
HAYNES AND BOONE, L.L.P. ExxonMobil Oil Corporation,
1221 McKinney St., Ste. 2100 Pennzoil-Quaker State Company
Houston TX 77010-2020 and Shell Oil Company
Telephone: (713) 547-2000
Facsimile: (713) 547-2600
John.Eldridge@haynesboone.com
Adam H. Sencenbaugh ”
HAYNES AND BOONE, L.L.P.
600 Congress Ave., Ste. 1300
Austin TX 78701-2579
Telephone: (512) 867-8489
Telecopier: (512) 867-8606
Adam.Sencenbaugh@
haynesboone.com
Janessa M. Glenn Cabot Norit Americas, Inc.
R. Steven Morton
MOLTZ MORTON & GLENN, LLP
5113 Southwest Pkwy, Ste. 120
Austin TX 78735-8969
jglenn@mmandg.com
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John E. Leslie Howard Freilich, d/b/a Quick Stop
JOHN LESLIE * PLLC Brake and Muffler
1216 Florida Dr., Ste. 140
Arlington TX 76015-2393
Tel: (817) 505-1291
Arlingtonlaw@aol.com
Cynthia J. Bishop Baxter Oil Service
C BISHOP LAW PC
P.O. Box 612994
Dallas TX 75261-2994
cbishop@cbishoplaw.com
Paul Craig Laird II Frank Kosar, d/b/a Rite Way
ASHLEY & LAIRD, L.C. Truck Rental
800 W. Airport Fwy., Ste. 880
Irving TX 75062-6274
pcl880@aim.com
George E. Kuehn SBC Holdings, Inc., f/k/a The Stroh
BUTZEL LONG Brewery Company
301 E. Liberty St., Ste 500
Ann Arbor MI 48104-2283
Tel: 734-213-3257
Fax: 734-995-1777
kuehn@butzel.com
/s/ Thomas H. Edwards
THOMAS H. EDWARDS
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