State v. Treeline Partners, LTD., a Texas Limited Partnership, Laroca Partners II, LTD., a Texas Limited Partnership and CBS Outdoor, Inc., a Delaware Corporation

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ACCEPTED 14-14-00462-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 4/29/2015 1:50:40 PM CHRISTOPHER PRINE CLERK CAUSE NO. 14-14-00462-CV FILED IN 14th COURT OF APPEALS IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS FOURTEENTH DISTRICT OF TEXAS AT HOUSTON 4/29/2015 1:50:40 PM CHRISTOPHER A. PRINE Clerk THE STATE OF TEXAS, Appellant, V. TREELINE PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP, LAROCA PARTNERS II, LTD., A TEXAS LIMITED PARTNERSHIP, AND CBS OUTDOOR, INC., A DELAWARE CORPORATION, Appellees. UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF TO THE HONORABLE COURT OF APPEALS: Appellant, the State of Texas, presents this Motion pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure and respectfully moves the court for an extension of time to file Appellant’s Reply Brief. As grounds for this Motion, Appellant would respectfully show the Court the following: 1. Appellant’s Reply Brief is due to be filed on April 29, 2015. 2. Appellant requests an extension of time to file its Brief until Monday, May 4, 2015, which is 5 days after the current due date of April 29, 2015. 3. This is Appellant’s second request for extension of time to file its Reply Brief. 4. Appellant needs an extension of time to file its Brief because time constraints on State’s counsel have made it impossible to complete the State’s Reply Brief by April 29, 2015. This case involves two appellees with different issues as to each appellee. Combined, the Appellees’ response briefs comprise 105 pages, and the appellate record includes a Clerk's Record of 1,134 pages and a sixteen volume Reporter's Record of 2,536 pages. Also, on April 24, 2015, the Supreme Court issued an opinion in State v. Clear Channel Outdoor, Inc., No. 13-0053, — S.W.3d —, 2015 WL 1870306 (Tex. Apr. 24, 2015), an opinion which impacts this case and will be addressed in the Reply Brief. In addition, since March 30, 2015, State’s counsel, in addition to routine duties, has had to make substantial time commitments to the following: a. Completing and filing an Appellant's Reply Brief in State v. Titan Land Development, Inc., No. 01-14-00899-CV in the First Court of Appeals. b. Preparing for and attending Oral Argument in State v. Titan Land Development, Inc., No. 01-14-00899-CV in the First Court of Appeals. c. Preparing and filing an Appellant's Reply Brief in State v. KNA Partners, No. 01-14-00723-CV in the First Court of Appeals; and d. Answering discover and preparing discovery requests in State v. Northwest Airport Management, L.P., No. 1045839 in the County Civil Court at Law No. One of Harris County. -2- For these reasons, Appellant respectfully requests that the Court grant an extension for filing Appellant’s Reply Brief until Monday May 4, 2015. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation RANDALL K. HILL Assistant Attorney General Chief, Transportation Division /S/ Susan Desmarais Bonnen SUSAN DESMARAIS BONNEN State Bar No. 05776725 susan.bonnen@texasattorneygeneral.gov PHILIP ARNOLD State Bar No. 24044710 Assistant Attorneys General P. O. Box 12548 Austin, Texas 78711-2548 512/ 463-2004; FAX 512/ 472-3855 ATTORNEYS FOR APPELLANT, THE STATE OF TEXAS CERTIFICATE OF CONFERENCE I hereby certify that on April 29, 2015, I conferred with Dixon Montague and he indicated that Appellees Treeline and LaRoca were not opposed to the motion and I conferred with Leslie Taylor and she indicated that Appellee CBS was not opposed to the motion. -3- /S/ Susan Desmarais Bonnen SUSAN DESMARAIS BONNEN Assistant Attorney General CERTIFICATE OF SERVICE This is to certify that on this day, April 29, 2015, a true and correct copy of the foregoing Unopposed Motion for Extension of Time to File Appellant’s Reply Brief has been sent as follows: Leslie Taylor VIA FACSIMILE (713) 658-8211 Rothfelder & Falick, LLP and E-Service 1201 Louisiana, Suite 550 Houston, Texas 77002 ATTORNEYS FOR APPELLEE CBS OUTDOOR, INC. Dixon Montague VIA FACSIMILE (713) 615-5461 Vinson & Elkins and E-Service 1001 Fannin Street, Suite 2500 Houston, Texas 77002 ATTORNEY FOR APPELLEES TREELINE PARTNERS, LTD., A TEXAS LIMITED PARTNERSHIP, AND LAROCA PARTNERS IL LTD., A TEXAS LIMITED PARTNERSHIP /S/ Susan Desmarais Bonnen SUSAN DESMARAIS BONNEN Assistant Attorney General -4-