Baxter Oil Service, Ltd. v. Texas Commission on Environmental Quality

ACCEPTED 03-15-00446-CV 6584233 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/20/2015 2:27:17 PM JEFFREY D. KYLE CLERK NO. 03-15-00446-CV FILED IN 3rd COURT OF APPEALS IN THE AUSTIN, TEXAS COURT OF APPEALS FOR THE 8/20/2015 2:27:17 PM JEFFREY D. KYLE THIRD COURT OF APPEALS D ISTRICT Clerk AUSTIN, TEXAS ______________ BAXTER OIL SERVICE, LTD. APPELLANT VERSUS TEXAS COMMISSION ON ENVIRONMENTAL QUALITY APPELLEE ______________ APPEAL FROM THE 345TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS NO. D-1-GN-1-0-000772 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF NOW COMES Appellant Baxter Oil Service, Ltd. and files this Unopposed Motion for Extension of Time to File Opening Brief, and in support thereof would respectfully show the Court as follows: 1. Baxter filed its notice of appeal on July 17, 2015. The clerk’s record was filed on July 31, 2015, and the reporter’s record was filed on August 3, 2015. 2. Appellant hereby requests an extension for filing its opening brief. Appellant requires additional time because Appellant’s counsel did not represent {00030275} Appellant in the proceedings below, making it necessary for Appellant’s counsel to spend additional time familiarizing themselves with the record on appeal. Additionally, lead appellate counsel has several other deadlines throughout August and September of 2015, including briefing deadlines in: a. Crawford Medical Supplies, LLC et al. v. Huntliegh Home Medical, Ltd. et al.; No. 04-15-00427-CV, in the Fourth Court of Appeals District, San Antonio, Texas; b. Board of Adjustment for the City of San Antonio v. Michael and Theresa Hayes; No. 04-15-00021-CV, in the Fourth Court of Appeals District, San Antonio, Texas 3. Appellant requests an extension such that the brief will be due on or before September 25, 2015. 4. Counsel for Appellant contacted counsel for Appellee, who indicated that the requested extension is unopposed. 5. This is Appellant’s first request for an extension for filing its opening brief and the extension is not sought for delay, but so that justice may be had. WHEREFORE Appellant prays that this Motion be granted such that Appellant’s opening brief be considered timely filed on or before September 25, 2015, and this Court award Appellant such other and further relief, both general and special, at law or in equity, to which it may be entitled. {00030275} –2– Respectfully submitted, PULMAN, CAPPUCCIO, PULLEN, BENSON & JONES, LP 2161 NW Military Highway, Suite 400 San Antonio, Texas 78213 www.pulmanlaw.com (210) 222-9494 Telephone (210) 892-1610 Facsimile By: /s/ Etan Z. Tepperman Elliott S. Cappuccio Texas State Bar No. 24008419 ecappuccio@pulmanlaw.com Leslie Sara Hyman Texas State Bar No. 00798274 lhyman@pulmanlaw.com Etan Z. Tepperman Texas State Bar No. 24088514 etepperman@pulmanlaw.com ATTORNEYS FOR APPELLANT {00030275} –3– CERTIFICATE OF SERVICE I certify that on the 20th day of August, 2015, the foregoing Appellant’s Unopposed Motion for Extension of Time to File Opening Brief was served in accordance with the Texas Rules of Appellate Procedure addressed as follows: Via Email to thomas.edwards@texasattorneygeneral.gov: Mr. Thomas H. Edwards Via Email to craig.pritzlaff@texasattorneygeneral.gov: Mr. Craig Pritzlaff Office of the Attorney General Environmental Protection Division P.O. Box. 12548, Capitol Station Austin, Texas 78711 /s/ Etan Z. Tepperman Etan Z. Tepperman {00030275} –4–