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

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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