American Multi-Cinema, Inc.// Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, American Multi-Cinema, Inc.
ACCEPTED
03-14-00397-CV
5454202
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/28/2015 2:20:11 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00397-CV
____________________________________________________
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS
for the Third Judicial District 5/28/2015 2:20:11 PM
JEFFREY D. KYLE
Austin, Texas Clerk
____________________________________________________
American Multi-Cinema, Inc.,
Appellant/Cross-Appellee,
v.
Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and
Ken Paxton, Attorney General of the State of Texas,
Appellees/Cross-Appellants.
____________________________________________________
On Appeal from the 200th Judicial District Court
Travis County, Texas
____________________________________________________
Appellees’/Cross-Appellants’ Second Unopposed Motion for
Extension of Time to File a Motion for Rehearing and/or
Motion for Reconsideration En Banc
____________________________________________________
To the Honorable Third Court of Appeals:
Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public Accounts of
the State of Texas, and Ken Paxton, Attorney General of the State of Texas, file this
second unopposed motion under Rule 49.8 and 10.5(b) requesting that the time for
filing a motion for rehearing and/or reconsideration en banc be extended for seven
Appellees’/Cross-Appellants’ Second Unopposed Motion for Extension of Time to File
Motion for Rehearing and/or Motion for Reconsideration En Banc Page 1
additional days, from May 29, 2015 (the current due date) to June 5, 2015, and in
support show as follows:
1. The Court rendered judgment on April 30, 2015.
2. Per Tex. R. App. P. 49.1, Appellees’/Cross-Appellants’ motion for rehearing
and/or reconsideration en banc was due within 15 days of the Court’s judgment on
May 15, 2015.
3. Per Tex. R. App. P. 49.8, Appellees/Cross-Appellants timely requested an
additional 14 days to file a motion for rehearing and/or reconsideration en banc,
extending the time to file to May 29, 2015.
4. The Court granted that motion.
5. Appellees/Cross-Appellants now request a second extension of time, for seven
days, to June 5, 2015.
6. Good cause exists to grant this request. This is a case of substantial importance
to the State, and for that reason, it requires additional time to fully brief the State’s
reasons for seeking rehearing and/or reconsideration en banc. Also, the undersigned
attorney has been brought into this appeal as attorney-in-charge and has needed the
additional time to familiarize herself with with the record, the previously filed briefs,
and the legal issues.
Appellees’/Cross-Appellants’ Second Unopposed Motion for Extension of Time to File
Motion for Rehearing and/or Motion for Reconsideration En Banc Page 2
7. This extension is not being sought for purposes of delay but rather so that a
thorough and clear motion for rehearing and/or reconsideration en banc may be
presented to the Court.
8. Appellant/Cross-Appellee is not opposed to this motion.
9. Wherefore, Appellees/Cross-Appellants Glenn Hegar, Comptroller of Public
Accounts of the State of Texas, and Ken Paxton, Attorney General of Texas, request
that this motion be granted, and that the time for filing a motion for rehearing and/or
reconsideration en banc be extended to June 5, 2015.
Respectfully submitted,
KEN PAXTON
Attorney General
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
ROBERT O’KEEFE
Division Chief
Financial Litigation, Tax, and Charitable Trusts Division
/s/ Cynthia A. Morales
CYNTHIA MORALES
State Bar No. 14417420
Attorney-in-Charge
Appellees’/Cross-Appellants’ Second Unopposed Motion for Extension of Time to File
Motion for Rehearing and/or Motion for Reconsideration En Banc Page 3
CHARLES K. ELDRED
State Bar No. 00793681
Financial Litigation, Tax, and Charitable Trusts Division
P.O. Box 12548
Austin, Texas 78711-2548
Phone: 512-475-4470
Fax: 512-477-2348
cynthia.morales@texasattorneygeneral.gov
charles.eldred@texasattorneygeneral.gov
Attorneys for Appellees/Cross-Appellants
CERTIFICATE OF CONFERENCE
I certify that I conferred with Doug Sigel, counsel for Appellant/Cross-
Appellee, and he does not oppose this Motion:
/s/ Charles K. Eldred
Charles K. Eldred
CERTIFICATE OF SERVICE
I certify that a copy of this document was served on May 28, 2015, on Doug
Sigel, counsel for Appellant/Cross-Appellee, to doug.sigel@ryanlawllp.com via File
& ServeXpress.
/s/ Cynthia Morales
Cynthia Morales
Appellees’/Cross-Appellants’ Second Unopposed Motion for Extension of Time to File
Motion for Rehearing and/or Motion for Reconsideration En Banc Page 4