Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

ACCEPTED
03-15-00285-CV
5697417
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/16/2015 2:42:49 PM
JEFFREY D. KYLE
CLERK

FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
6/16/2015 2:42:49 PM
JEFFREY D. KYLE
June 16, 2015 Clerk

Jeffrey D. Kyle, Clerk
Court of Appeals
Third District of Texas
209 West 14th Street, Room 101
Austin, Texas 78701

RE: CASE NO. 03-15-00285-CV
Volkswagen Group of America, Inc. And Audi of America, Inc. v. John
Walker, III, in his Official Capacity as Chairman of the Texas Department of
Motor Vehicles Board, and The Honorable Michael J. O’Malley and The
Honorable Penny A Wilkov, in their Official Capacities as Administrative Law
Judges for the State Office of Administrative Hearings

Dear Mr. Kyle:

On June 15, 2015, the Appellants in this case filed a Motion for Temporary Relief to Protect
the Court’s Jurisdiction. That motion, as required by the Court’s rules, contained a
Certificate of Conference in which it stated I, as counsel for Appellee John Walker III, did
not oppose the Motion. While I did in fact convey that sentiment to Appellant’s counsel,
I mistakenly assumed that the opposition related to only the filing of the motion, not the
relief requested. This was purely a mistake on my part to not ask for clarification as to the
question being asked. I certainly had no opposition the filing of Appellants’ Motion for
Temporary Relief but do, in fact, oppose the relief requested therein. Please note Appellee
Walker’s opposition to the request for Temporary Relief contained in Appellants’ Motion.

I apologize to Ms. Stephens and the Court for the misunderstanding.

Yours Truly,

/s/ Dennis M. McKinney
Dennis M. McKinney
Assistant Attorney General
Counsel for Appellee John Walker, III.

P os t Of fic e B ox 12548 , Aust in , Texa s 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www. t exa satt o r n eygen era l. go v
Jeffrey D. Kyle, Clerk
Page 2

cc: S. Shawn Stephens, via e-service or email
William R. Crocker, via e-service or email
J. Bruce Bennett, via e-service or email
Kimberly Fuchs, via e-service or email