ACCEPTED
03-15-00044-CV
5420914
THIRD COURT OF APPEALS
AUSTIN, TEXAS
5/26/2015 3:47:10 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00044-CV
FILED IN
In the Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
for the Third Judicial District 5/26/2015 3:47:10 PM
Austin, Texas JEFFREY D. KYLE
Clerk
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
Appellant,
v.
MAURIE LEVIN, NAOMI TERR, AND HILARY SHEARD,
Appellees.
On Appeal from the
201st Judicial District Court of Travis County, Texas
UNOPPOSED MOTION TO EXTEND
TO JUNE 8, 2015, THE DEADLINE TO FILE
APPELLANT’S OPENING BRIEF,
DUE TO RECENT SEVERE WEATHER IN
CENTRAL TEXAS
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6,
Appellant Texas Department of Criminal Justice requests a 10-day
extension of the deadline to file Appellant’s opening brief. Two prior 30-
day unopposed extensions of this deadline have been received. This
extension request is not opposed.
The opening brief is currently due May 27, 2015. The requested
extension, if granted, would make the brief due on or before June 8, 2015.
There is good reason to grant the requested extension, which is not
sought for any improper purpose. On Memorial Day, May 25, 2015,
Central Texas experienced extremely severe weather. See, e.g., AUSTIN
AM. STATESMAN, Austin flooding: May 25, 2015, at
http://www.statesman.com/weather/austin-flooding-reader-videos-
052515/ (last visited May 26, 2015). Unfortunately, undersigned
counsel’s home was affected by the severe weather, necessitating an
immediate, significant investment of time and effort by undersigned
counsel to address the situation. The requested extension will permit
counsel to try to address the situation as needed.
PRAYER
For these reasons, the Court should extend to June 8, 2015, the
deadline for filing Appellant’s opening brief.
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Respectfully submitted.
KEN A. PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
SCOTT A. KELLER
Solicitor General
/s/ Richard B. Farrer
RICHARD B. FARRER
Assistant Solicitor General
State Bar No. 24055470
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-1823
Fax: (512) 474-2697
richard.farrer@texasattorneygeneral.gov
COUNSEL FOR APPELLANT TEXAS DEPARTMENT
OF CRIMINAL JUSTICE
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CERTIFICATE OF CONFERENCE
I certify that I conferred by email and telephone with counsel for
Appellees, Philip Durst, who indicated that this motion is not opposed.
/s/ Richard B. Farrer
Richard B. Farrer
Counsel for Appellant
CERTIFICATE OF SERVICE
On May 26, 2015, the foregoing document was served via File &
ServeXpress and e-mail on counsel for Appellees:
Philip Durst
Manuel Quinto-Pozos
DEATS, DURST, OWEN & LEAVY, PLLC
1204 San Antonio, Suite 203
Austin, Texas 78701
[Tel] (512) 474-6200
[Fax] (512) 474-7896
pdurst@ddollaw.com
mqp@ddollaw.com
Maurie Amanda Levin
LAW OFFICE OF MAURIE LEVIN
614 South 4th St. #346
Philadelphia, Pennsylvania 19147
[Tel] (512) 294-1540
[Fax] (215) 733-9225
maurielevin@gmail.com
/s/ Richard B. Farrer
Richard B. Farrer
Counsel for Appellant
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