Youth Empowerment Services, Inc. D/B/A Higgs Carter King Gifted and Talented Charter Academy v. Texas Education Agency, and Michael Williams, in His Official Capacity as the Commissioner of Education

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ACCEPTED 03-15-00441-CV 6385201 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/6/2015 12:39:11 PM JEFFREY D. KYLE CLERK Case No. 03-15-00441-CV __________________________________________________________________ FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT 8/6/2015 12:39:11 PM _____________________________________ JEFFREY D. KYLE Clerk YOUTH EMPOWERMENT SERVICES, INC. D/B/A HIGGS CARTER KING GIFTED AND TALENTED CHARTER ACADEMY Plaintiff- Appellant V. TEXAS EDUCATION AGENCY and MICHAEL WILLIAMS, IN HIS OFFICIAL CAPACITY AS THE COMMISSIONER OF EDUCATION Defendant- Appellee On Appeal from the 345th Judicial District of Travis County, Texas, Cause No. D-1-GN-15-001090 _______________________________ PLAINTIFF- APPELLANT’S MOTION FOR EXTENSION ON BRIEFING DEADLINE _________________________________________________________ THE LAW OFFICES OF RYAN HENRY, PLLC 1380 Pantheon Way, Ste. 215 San Antonio, Texas 78232 Telephone: (210) 257-6357 Facsimile: (210) 569-6494 ryan.henry@rshlawfirm.com __________________________ Ryan Henry State Bar No. 24007347 August 6, 2015 Counsel for Plaintiff-Appellant 1 NO. 03-15-00441-CV YOUTH EMPOWERMENT § IN THE 3RD COURT OF APPEALS SERVICES, INC. d/b/a HIGGS § CARTER KING GIFTED & § TALENTED CHARTER § ACADEMY § Appellant § § V. § § TEXAS EDUCATION AGENCY § & MICHAEL WILLIAMS, in his § Official Capacity as the § Commissioner of Education § Appellee § TRAVIS COUNTY, TEXAS APPELLANT’S FIRST MOTION FOR EXTENSION ON BRIEFING DEADLINE TO THE HONORABLE JUDGE OF SAID COURT: Appellant, YOUTH EMPOWERMENT SERVICES, INC. d/b/a HIGGS CARTER KING GIFTED & TALENTED CHARTER ACADEMY (hereinafter “HCK”), files this its First Motion for Extension and shows the Court as follows: The Appellant HCK filed this appeal on July 17, 2015 due to the judge in the 345th District Court of Travis County granting Defendant-Appellee’s Plea to the Jurisdiction. The judge stated that he granted the Defendant’s PTJ due to at least one of the claims not being ripe for litigating at the time. After the order was signed, the Defendants began the process of trying to seize Plaintiff’s real property and assets, making the aforementioned claim ripe. 2 HCK filed a motion to reconsider and for new trial in the 345th Judicial District Court on July 30, 2015, within the plenary power of the trial court. It also sought an order from the court to enforce a Rule 11 between the parties wherein the TEA and Williams agreed not to seize any property until a final order in the case. Due to this filing, the judge’s plenary power over the matter extends to 75 days after the order granting the plea to the jurisdiction was signed. The judge has not yet ruled on the matter. Further, counsel for HCK has a scheduled vacation out of the country from August 9 to August 16, 2015 and previously filed a vacation with the trial court to this effect. I request that the court take into account my scheduled vacation as well as our desire to await the district court’s decision on our motion and extend the deadline of our briefing from August 21, 2015 to September 20, 2015 (an additional 30 days). I have consulted with the attorney for the Defendants and she is unopposed to the relief sought in this motion to extend deadline. HCK prays this court grant this first motion for extension and extend the briefing deadline to September 20, 2015. HCK further requests what other relief it may be entitled to regarding this motion. 3 SIGNED this 6th day of August, 2015. Respectfully submitted, THE LAW OFFICES OF RYAN HENRY, PLLC 1380 Pantheon Way, Ste. 215 San Antonio, Texas 78232 Telephone: (210) 257-6357 Facsimile: (210) 569-6494 ryan.henry@rshlawfirm.com __________________________ Ryan S. Henry State Bar No. 24007347 ATTORNEY FOR APPELLEE CERTIFICATE OF CONFERENCE I certify that I have conferred with Erika Laremont, attorney for Defendant- Appellee, via email, and she is unopposed to Plaintiff- Appellant’s motion for extension stated herein. BY: ________________________ RYAN S. HENRY 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been served in accordance with Texas Rules of Civil Procedure on this the 6th day of August, 2015, as indicated below. Erika Laremont Sent Via Email: General Litigation Erika.Laremont@texasattorneygeneral.gov PO Box 12548 Austin, Texas 78711-2548 Attorney for Defendants/Appellant’s Texas Education Agency and Michael Williams _____________________________ RYAN S. HENRY 5