the County of La Salle v. Joe Weber, in His Official Capacity as Executive Director of the Texas Department of Transportation The Texas Department of Transportation Ted Houghton, in His Official Capacity as Chairman of the Texas Transportation Commission
ACCEPTED
03-14-00501-CV
4684115
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/30/2015 8:04:01 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00501-CV
In the
FILED IN
Third Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
at Austin 3/30/2015 8:04:01 AM
JEFFREY D. KYLE
Clerk
COUNTY OF LA SALLE,
Appellant,
v.
JOE WEBER, in his official capacity as Executive Director of the
Texas Department of Transportation;
THE TEXAS DEPARTMENT OF TRANSPORTATION;
TED HOUGHTON, in his official capacity as Chairman of the
Texas Transportation Commission; and
JEFF AUSTIN III, JEFF MOSELEY, FRED UNDERWOOD, and VICTOR
VANDERGRIFF, in their official capacities as Commissioners of
the Texas Transportation Commission,
Appellees.
On Appeal from the 353rd District Court
of Travis County, Texas
U NOPPOSED M OTION T O E XTEND
T IME FOR THE R EPLY B RIEF
TO THE HONORABLE COURT OF APPEALS:
Appellant requests a 15-day extension of time for its reply brief. The original
due date was March 12, 2015. This motion requests the Court to accept the reply
brief that was electronically filed on March 27, 2015.
I.
Appellant requests a 15-day extension on the reply brief to March 27, 2015.
II.
A conference was held with counsel for the Appellees on March 11, 2015
regarding the need for some extension and on March 26, 2015 about this precise
length of extension. The extension is not opposed.
III.
Added time was needed to appropriately research and analyze the complex
legal issues presented by the State Defendants. These issues took more time than
expected because, in part, the procedural posture of this plea to the jurisdiction did
not require the legal substance of the State Defendants’ jurisdictional arguments to
be fully developed in the trial court. The extension requested will provide the Court
with a reply brief appropriate to the complexity of the substantive issues.
IV.
These issues are of also public importance. Permitting the extension will also
ensure that the Court has fully heard both sides.
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V.
No previous extensions have been sought for this brief.
VI.
The Court has requested paper copies of briefs filed in this case. Paper copies
of this reply brief are being filed today.
VII.
No party will be prejudiced by the extension sought. The Court has already
scheduled the case for oral argument on April 22, 2015.
VIII.
The Court should grant the requested extension and accept the reply brief
tendered on March 27, 2015 for filing
Respectfully submitted,
/s/ Don Cruse
Don Cruse
State Bar No. 24040744
LAW OFFICE OF DON CRUSE
1108 Lavaca Street, Suite 110-436
Austin, Texas 78701
[Tel.] (512) 853-9100
[Fax] (512) 870-9002
don.cruse@texasappellate.com
COUNSEL FOR APPELLANT
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CERTIFICATE OF CONFERENCE
On March 11, 2015 and March 26, 2015, I conferred with counsel for the
Appellees, who informed me that the motion is not opposed.
/s/ Don Cruse
Don Cruse
CERTIFICATE OF SERVICE
I certify that on March 30, 2015, this motion was served on counsel of record
electronically:
Kristofer S. Monson
Assistant Solicitor General
P.O. Box 12548
Austin, Texas 78711-2548
Counsel for Appellees
/s/ Don Cruse
Don Cruse
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