ACCEPTED
03-15-00113-CV
5401581
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/22/2015 2:54:20 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00113-CV
In the Court of Appeals 3rd COURT FILED IN
OF APPEALS
AUSTIN, TEXAS
for the Third Judicial District 5/22/2015 2:54:20 PM
JEFFREY D. KYLE
Austin, Texas Clerk
EMC CORPORATION,
Appellant,
v.
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF
TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS,
Appellees.
On Appeal from the 353rd Judicial District Court,
Travis County, Texas
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEES’ BRIEF
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 30 days, from the current deadline of June 1,
2015, to a proposed new deadline of July 1, 2015.
I.
The clerk’s record was filed on April 22, 2015, setting the initial deadline
for the appellant’s brief on May 22, 2015. Appellant timely filed its brief on
April 30, 2015.
II.
The current deadline for appellees’ brief is June 1, 2015.
III.
Appellees now request a 30-day extension of the time to file their brief.
No prior extension of this deadline has been requested or granted.
IV.
This extension is necessary because, during the current period for
preparing appellees’ brief, appellees’ lead counsel has been or will be
responsible for (1) assisting in drafting the motion to dismiss in Wal-Mart
Stores, Inc. v. Texas Alcoholic Beverage Commission, No. D-1-GN-15-000617
(419th Dist. Ct.—Travis County) (filed May 5, 2015); (2) assisting in drafting the
motion to dismiss and incorporated memorandum of law in Wal-Mart Stores,
Inc. v. Texas Alcoholic Beverage Commission, No. 1:15-cv-00134-RP (W.D.
Tex.) (filed May 5, 2015); (3) assisting in drafting the petition for a writ of
certiorari in Frezza v. Montaño, No. 35,214 (N.M. S. Ct.) (filed May 18, 2015);
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(4) preparing to present oral argument in Graphic Packaging Corporation v.
Hegar, No. 03-14-00197-CV (Tex. App.—Austin) (to be argued June 3, 2015);
and (5) drafting the appellees’ brief in Machete Productions, L.L.C. v. Page, No.
15-50120 (5th Cir.) (due June 24, 2015). 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 July 1, 2015.
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Respectfully submitted.
KEN PAXTON SCOTT A. KELLER
Attorney General of Texas Solicitor General
CHARLES E. ROY /s/ Rance Craft
First Assistant Attorney RANCE CRAFT
General Assistant Solicitor General
State Bar No. 24035655
JAMES E. DAVIS
Deputy Attorney General for CHARLES K. ELDRED
Civil Litigation Assistant Attorney General
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
(512) 936-2872
(512) 474-2697 [fax]
rance.craft@texasattorneygeneral.gov
Counsel for Appellees
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CERTIFICATE OF CONFERENCE
I conferred with Doug Sigel, lead counsel for appellant, regarding the
foregoing motion. He advised that his client does not oppose the motion.
/s/ Rance Craft
Rance Craft
CERTIFICATE OF SERVICE
On May 22, 2015, this Unopposed Motion for Extension of Time to File
Appellees’ Brief was served by File & Serve Xpress on:
Doug Sigel
RYAN LAW FIRM, LLP
100 Congress Avenue, Suite 950
Austin, Texas 78701
doug.sigel@ryanlawllp.com
Lead Counsel for Appellant
EMC Corporation
/s/ Rance Craft
Rance Craft
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EMC 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