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

ACCEPTED
03-15-00285-CV
5578824
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/8/2015 10:50:04 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00285-CV

FILED IN
IN THE THIRD COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS AUSTIN, TEXAS
6/8/2015 10:50:04 AM
JEFFREY D. KYLE
Clerk
VOLKSWAGEN GROUP OF AMERICA, INC.
AND AUDI OF AMERICA, INC.
Appellants
vs.

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
Appellees
On Appeal from the 201st Judicial District Court, Travis County, Texas
Trial Court Cause No. D-1-GN-15-001186
Honorable Amy Clark Meachum, Presiding Judge

APPELLANTS’ UNOPPOSED
MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF
__________________________________________________________________

This first unopposed motion for extension of time to file Appellants’ Brief is

filed by Volkswagen Group of America, Inc. and Audi of America, Inc.

1. No rule limits the time within which to file this motion to extend. See

Tex. R. App. P. 38.6(d).

2. The Court has the authority under Tex. R. App. P. 38.6(d) to grant

Appellants additional time to file their brief.

3. Appellants’ Brief is currently due on June 17, 2015.
 4. Appellants request an additional 14 days to file their brief, extending

the time until July 1, 2015. No previous extension of time has been granted for the

filing of Appellants’ Brief.

5. Appellants require an additional 14 days to file their Appellants’ Brief

because S. Shawn Stephens and James P. Sullivan of the firm of King & Spalding

were very recently engaged by Appellants as appellate counsel and require an

extension to become familiar with the record and the case. More importantly, they

are engaged in a number of other legal proceedings that will require substantial

amounts of their time and will prevent them from completing Appellants’ Brief

before July 1, 2015, including the following briefing deadlines:

 Amedisys, Inc. v. Public Employees’ Retirement System of Mississippi,

Cause No. 14-1200 in the Supreme Court of the United States —

Reply brief in support of certiorari petition due June 9, 2015;

 Occidental Chemical Corp. v. LPSC, Cause No. 15-30100 in the

United States Court of Appeals for the Fifth Circuit — Appellant’s

brief due June 15, 2015;

 Pettinati v. Henry, Cause No. 2015-CI-05672 in the District Court for

the 224th Judicial District of Bexar County, Texas — Motion due

June 16, 2015;

 United Parcel Service, Inc. and Roland Leal v. Robert Scott Rankin,

Individually, Rachelle Rankin, Individually, and as Next Friend of
2
 Avery Rankin, a Minor, as Next Friend of Kara Rankin, a Minor, and

as Next Friend of Samuel Rankin, a Minor, No. 04-14-00494-CV, In

the Fourth Court of Appeals, San Antonio, Texas — Post trial and

appellate deadlines beginning June 18, 2015;

 EEOC v. Bass Pro Outdoor World, L.L.C., Cause No. 15-20078 in the

United States Court of Appeals for the Fifth Circuit — Appellant’s

brief due June 19, 2015; and

 City of Pontiac General Employees’ Retirement System v. Hanger,

Inc., Cause No. 1:14-cv-1026 in the United States District Court for

the Western District of Texas — Motion to due June 29, 2015.

Prayer

For these reasons, Appellants ask the Court to grant a 14 day extension of

time to file their Appellants’ Brief until July 1, 2015, and for such further relief to

which they have shown themselves entitled.

3
 Respectfully submitted,

KING & SPALDING LLP

By: /s/ S. Shawn Stephens
S. Shawn Stephens
Texas Bar No. 19160060
sstephens@kslaw.com
James P. Sullivan
Texas Bar No. 24070702
jsullivan@kslaw.com
1100 Louisiana, Suite 4000
Houston, Texas 77002
Telephone: (713) 751-3200
Facsimile: (713) 751-3290

Billy M. Donley
Texas Bar No. 05977085
Mark E. Smith
Texas Bar No. 24070639
BAKER & HOSTETLER LLP
811 Main Street, Suite 1100
Houston, Texas 77002
Telephone: (713) 751-1600
Facsimile: (713) 751-1717

Attorneys for Appellants
Volkswagen Group of America, Inc.
and Audi of America, Inc.

4
 CERTIFICATE OF CONFERENCE

As required by TEX. R. APP. P. 10.1, I conferred with counsel for Appellees.
Counsel for Appellees have communicated to me that they do not oppose this
motion for extension of time.

/s/ S. Shawn Stephens
S. Shawn Stephens

CERTIFICATE OF SERVICE

I certify that on June 8, 2015, I used the Court’s electronic case filing system
to file this Motion for Extension of Time to File Appellants’ Brief and to serve this
document on counsel for appellees as follows:
Dennis M. McKinney
Kimberly Fuchs
Office of the Attorney General of Texas
Administrative Law Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711

J. Bruce Bennett
Cardwell, Hart & Bennett, LLP
807 Brazos, Suite 1001
Austin, Texas 78701

Leon V. Komkov
Komkov, PC
807 Brazos, Suite 1001
Austin, Texas 78701

William R. Crocker
Attorney at Law
807 Brazos, Suite 1014
Austin, Texas 78701

/s/ S. Shawn Stephens
S. Shawn Stephens
5