Sanadco Inc., a Texas Corporation Mahmoud Ahmed Isba Broadway Grocery, Inc. And Shariz, Inc. v. Glenn Hegar, in His Individual and Official Capacity as Comptroller of Public Accounts Office of Comptroller of Public Accounts for the State of Texas And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas

ACCEPTED
03-14-00771-CV
5139543
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/4/2015 2:19:02 PM
JEFFREY D. KYLE
CLERK
NO. 03-14-00771-CV

In the Court of Appeals FILED IN
3rd COURT OF APPEALS
for the Third Judicial District AUSTIN, TEXAS
Austin, Texas 5/4/2015 2:19:02 PM
JEFFREY D. KYLE
Clerk
SANADCO INC., MAHMOUD A. ISBA, BROADWAY GROCERY, INC., SHARIZ, INC.
RUBY & SONS STORE, INC., AND RUBINA NOORANI,
Appellants,

v.

THE OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS; GLEN HEGAR, IN
HIS OFFICIAL CAPACITY AS COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE
OF TEXAS; AND KEN PAXTON IN HIS OFFICIAL CAPACITY AS ATTORNEY
GENERAL OF THE STATE OF TEXAS, ET AL.,
Appellees.
On Appeal from Cause No. D-1-GN-13-004352
The 200th Judicial District Court of Travis County, Texas
The Honorable Charles Ramsay, Judge Presiding

APPELLEES’ FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE BRIEF

KEN PAXTON ROBERT O’KEEFE
Attorney General of Texas Chief, Financial and Tax Litigation Division

CHARLES E. ROY JACK HOHENGARTEN
First Assistant Attorney General State Bar No. 09812200
Assistant Attorney General
JAMES E. DAVIS Financial Litigation, Tax, and
Deputy Attorney General for Defense Litigation Charitable Trusts Division
P.O. Box 12548
Austin, Texas 78711 2548
TEL: (512) 475-3503
FAX: (512) 477 2348
jack.hohengarten@texasattorneygeneral.gov
Attorneys for Appellees
TO THE HONORABLE THIRD COURT OF APPEALS:

Appellees, Office of the Comptroller, Glen Hegar, in his Official Capacity as

Comptroller of Public Accounts of the State of Texas, and Ken Paxton in his

Official Capacity as Attorney General of Texas (the “State Officials”), pursuant to

TEX. R. APP. P. 10.5 and 38.6 file this unopposed motion for extension of time to

file appellees’ brief.

The Appellees’ Brief is currently due: May 6, 2015.

Counsel for Appellees requests a 20-day extension of time to file their brief,

making the brief due on May 26, 2015. This is the first request for extension of

time to file the Appellees’ Brief.

Counsel for Appellees seeks this extension for the following reasons.

Counsel below has critical and multiple discovery deadlines this month in Kroger

Texas, L.P. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas,

and Ken Paxton, Attorney General of the State of Texas, Cause No. D-1-GN-14-

001929, in the 201st District, Travis County, Texas; Fitness International, LLC v.

Glenn Hegar, Comptroller of Public Accounts of the State of Texas and Ken

Paxton, Attorney General of Texas, Cause No. D-1-GN-14-003869, in the 98th

District Court of Travis County, Texas; and State of Texas v. Retirement Value,

Appellees’ First Unopposed Motion for
2
Extension of Time to File Brief
LLC, Richard H. “Dick” Gray, Bruce Collins, et al., Cause No. D-1-GV-10-

000454, in the 126th Judicial District Court; Travis County, Texas.

PRAYER

For the reasons set forth above, Appellees request that this Court grant this

Unopposed First Motion to Extend Time to File Brief, and extend the deadline for

filing the Appellees’ Brief up to and including May 26, 2015. Appellees also

request all other relief to which they may be entitled.

Respectfully submitted,

KEN PAXTON
Attorney General of Texas

CHARLES E. ROY
First Assistant Attorney General

JAMES E. DAVIS
Deputy Attorney General for Defense
Litigation

ROBERT O’KEEFE
Chief, Financial and Tax Litigation
Division

/s / Jack Hohengarten
JACK HOHENGARTEN
State Bar No. 09812200
Assistant Attorney General
Financial Litigation, Tax, and
Charitable Trusts Division
P.O. Box 12548
Austin, Texas 78711 2548

Appellees’ First Unopposed Motion for
3
Extension of Time to File Brief
 TEL: (512) 475-3503
FAX: (512) 477 2348
jack.hohengarten@texasattorneygeneral.gov

Attorneys for Appellees, Glen Hegar,
Comptroller of Public Accounts of the
State of Texas and Ken Paxton, Attorney
General of the State of Texas

CERTIFICATE OF CONFERENCE

I certify that on Friday, May 1, 2015, I conferred with the attorney for
Appellants via electronic mail, Samuel T. Jackson, regarding the filing of the
foregoing document, and Mr. Jackson is unopposed to the filing of this motion for
extension of time to file appellees’ brief.

/s / Jack Hohengarten
Jack Hohengarten

CERTIFICATE OF SERVICE

I certify that on this 4th day of May, 2015, a true and correct copy of the
foregoing document, Appellees’ First Unopposed Motion for Extension of Time to
File Brief, has been sent to the attorney for appellants via e-service and/ or
electronic mail, as follows:

Samuel T. Jackson
Law Office of Samuel T. Jackson
P.O. Box 170633
Arlington, TX 76003-0633
jacksonlaw@hotmail.com
/s / Jack Hohengarten
Jack Hohengarten

Appellees’ First Unopposed Motion for
4
Extension of Time to File Brief