Texas Department of Family and Protective Services v. Brilliant Starts Learning Academy, L.L.C.

ACCEPTED
03-15-00363-CV
5895067
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/1/2015 10:40:31 AM
JEFFREY D. KYLE
CLERK
CASE NO. 03-15-00363-CV

FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD JUDICIAL DISTRICT AT AUSTIN, TEXAS
7/1/2015 10:40:31 AM
JEFFREY D. KYLE
Clerk
TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,

Appellant,

v.

BRILLIANT STARTS LEARNING ACADEMY, L.L.C.

Appellee.

On Appeal from the 207TH District Court, Comal County, Texas;
Cause No. C2015-0676B; before the Honorable Dib Waldrup

APPELLANT’S UNOPPOSED MOTION TO EXTEND TIME
TO FILE BRIEF

KEN PAXTON Pat Tulinski
Attorney General of Texas State Bar No. 20283485
Assistant Attorney General
CHARLES E. ROY TEXAS ATTORNEY GENERAL’S OFFICE
First Assistant Attorney General P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
JAMES E. DAVIS Telephone: (512) 475-4170
Deputy Attorney General for Facsimile: (512) 320-0167
Civil Litigation pat.tulinski@texasattorneygeneral.gov
Attorneys for Appellant
DAVID A. TALBOT, JR.
Chief, Administrative Law Division

Page 1 of 4
Cause No. 03-15-00363-CV
Appellant’s Unopposed Motion to Extend Time to File Brief
 TO THE HONORABLE JUSTICES OF THE THIRD COURT OF
APPEALS:

Now comes Appellant Texas Department of Family & Protective Services,

asking the Court to extend the time to file its brief in Cause Number 03-15-

00363-CV; Trial Court Cause Number C2015-0676B.

Appellant is the Texas Department of Family & Protective Services.

Appellee is Brilliant Starts Learning Academy, L.L.C. There is no specific

deadline to file this motion to extend. See Tex. R. App. P. 38.6(d). Appellant

has conferred with counsel for Appellee, and this request for extension is

unopposed.

The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief. The Department’s brief is presently

due on July 2, 2015. The Department requests an additional twenty (20) days to

file its brief. If granted, the new due date will be July 22, 2015.

This extension is necessary because counsel for the Department had a

death in her family and was out of the office. Counsel for the Department was

the sole attorney present and participating at the multi-day hearing on the

Temporary Injunction, and she is familiar with the facts and law involved in

this case. There was no other attorney prepared to handle this matter for the

Department. Further, the legal and factual issues are moderately complex and

Page 2 of 4
Cause No. 03-15-00363-CV
Appellant’s Unopposed Motion to Extend Time to File Brief
 require sufficient time to address them properly.

This is the Department’s first motion to extend the deadline. No prior

extensions have been granted. This request is not sought for purposes of delay

but to see that justice is done.

For these reasons, Appellant respectfully requests that this Court grant this

20 day extension of time to file its brief, to be due on July 22, 2015.

SIGNED this 30th day of June, 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

DAVID A. TALBOT, JR.
Chief, Administrative Law Division

/s/ Pat Tulinski
Pat Tulinski
TBN 20283485
Assistant Texas Attorney General
Administrative Law Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4170

Page 3 of 4
Cause No. 03-15-00363-CV
Appellant’s Unopposed Motion to Extend Time to File Brief
 Facsimile: (512) 320-0167
pat.tulinski@texasattorneygeneral.gov

CERTIFICATE OF CONFERENCE

Pursuant to TRAP 10.1(a)(5), counsel for Appellant conferred with counsel
for Appellee and obtained consent to file this motion unopposed.

/s/ Pat Tulinski
Pat Tulinski

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the Appellant’s Unopposed Motion to
Extend Time to File Brief was transmitted by electronic filing on the 30th day of
June, 2015 to the party of record as listed below:

Brilliant Starts Learning Gregory B. Cagle
Academy, L.L.C. Regional Attorney
Appellee Texas Municipal Police Association
1602B State St.
Houston, TX 77007
Telephone: (713) 489-4789
Facsimile: (713) 489-4792
gcagle@tmpalawyer.com

/s/ Pat Tulinski
Pat Tulinski

Page 4 of 4
Cause No. 03-15-00363-CV
Appellant’s Unopposed Motion to Extend Time to File Brief