ACCEPTED
03-15-00044-CV
6787902
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/3/2015 3:05:17 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 9/3/2015 3:05:17 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 SEPTEMBER 14, 2015, THE DEADLINE TO FILE
APPELLANT’S REPLY BRIEF
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6,
Appellant Texas Department of Criminal Justice requests a 14-day
extension of the deadline to file Appellant’s reply brief. No prior
extension of this deadline has been sought and received. This extension
request is not opposed.
The reply brief was due August 31, 2015. The requested 14-day
extension, if granted, would make the brief due on or before September
14, 2015.
There is good reason to grant the requested extension, which is not
sought for any improper purpose. Appellant’s counsel has had and will
continue to have a significant workload in other matters that makes it
impossible to complete by the current deadline a brief that would be
helpful to the Court. That workload includes, but is not limited to,
significant responsibilities in the following matters:
• Veasey v. Abbott, No. 14-41127, in the United States Court of
Appeals for the Fifth Circuit (filing a motion for en banc
consideration; motion to stay the mandate pending petition for writ
of certiorari; and response to motions requesting limited remand);
and
• Matthews v. Kountze Indep. Sch. Dist., No. 14-0453, in the Texas
Supreme Court (drafting brief of amicus curiae State of Texas to be
submitted to the Court).
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PRAYER
For these reasons, the Court should extend to September 14, 2015,
the deadline for filing Appellant’s reply 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 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 September 3, 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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