ACCEPTED
03-14-00706-CV
4511961
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/16/2015 1:50:58 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00706-CV
IN THE THIRD COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS AUSTIN, TEXAS
3/16/2015 1:50:58 PM
ENTERGY TEXAS, INC., JEFFREY D. KYLE
Appellant Clerk
v.
PUBLIC UTILITY COMMISSION OF TEXAS,
Appellee
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant Entergy Texas, Inc. files this motion for extension of time to file
its reply brief in the above-referenced case. In support of the motion, Appellant
shows as follows:
Appellees Public Utility Commission of Texas and Office of Public Utility
Counsel filed their response briefs on March 6, 2015. Appellee State Agencies
filed its response brief on March 9, 2015. Appellant’s replies to those filings are
currently due on March 26 and 30, 2015. Appellant requests thirty-two-day
extension of the first deadline, and a twenty-eight-day extension of the second
deadline. Appellant has not previously sought an extension of either of these
deadlines. If the Court grants this extension request, Appellant’s reply brief will be
due on April 27, 2015.
Appellant’s counsel requires additional time to prepare ETI’s reply brief
because counsel has had conflicting deadlines in other cases. First, the
undersigned represents ETI in Entergy Texas, Inc. v. Public Utility Commission,
No. 03-14-00735-CV, pending before this Court, and ETI’s appellant’s brief is due
in that case on March 31, 2015. The undersigned also represents the petitioner in a
case set to be orally argued at the Texas Supreme Court on March 24, 2015. See
Kachina Pipeline Co., Inc. v. Lillis, Case No. 13-0596, in the Texas Supreme
Court.
Appellant is not seeking to extend the deadline for filing its brief merely for
delay, but so that justice may be served. Accordingly, Appellant Entergy Texas,
Inc. respectfully requests this Court extend the deadline for filing the reply brief to
April 27, 2015. Appellant further seeks any other relief to which it may show itself
justly entitled.
Respectfully submitted,
DUGGINS WREN MANN & ROMERO, LLP
By: /s/ Marnie A. McCormick
Marnie A. McCormick
State Bar No. 00794264
mmccormick@dwmrlaw.com
P. O. Box 1149
Austin, Texas 78767-1149
(512) 744-9300
(512) 744-9399 fax
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ATTORNEYS FOR APPELLANT
ENTERGY TEXAS, INC.
CERTIFICATE OF CONFERENCE
I certify that I have conferred with counsel representing all other parties, and
they do not oppose this motion.
/s/ Marnie A. McCormick
Marnie A. McCormick
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CERTIFICATE OF SERVICE
The undersigned counsel certifies that the foregoing document was
electronically filed with the Clerk of the Court using the electronic case filing
system of the Court, and that a true and correct copy was served on the following
lead counsel for all parties via electronic service on the 16th day of March, 2015:
Elizabeth R. B. Sterling
Environmental Protection Division
Office of the Attorney General
P. O. Box 12548 (MC 066)
Austin TX 78711-2548
Counsel for Appellee Public Utility Commission of Texas
Rex D. VanMiddlesworth
Benjamin Hallmark
Thompson Knight LLP
98 San Jacinto Blvd., Ste. 1900
Austin TX 78701
Counsel for Intervenor Texas Industrial Energy Consumers
Katherine H. Farrell
Administrative Law Division
Office of the Attorney General
P. O. Box 12548
Austin TX 78711-2548
Counsel for Intervenor State Agencies
Ross Henderson
Office of Public Utility Counsel
1701 N. Congress Ave., Ste. 9-180
P. O. Box 12397
Austin TX 78711-2397
Counsel for Intervenor Office of Public Utility Counsel
/s/ Marnie A. McCormick
Marnie A. McCormick
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