ACCEPTED
03-15-00652-CV
8018066
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/30/2015 3:52:09 PM
JEFFREY D. KYLE
CLERK
CASE NO. 03-15-00652-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS
11/30/2015 3:52:09 PM
AUSTIN, TEXAS
JEFFREY D. KYLE
Clerk
KEN PAXTON, ATTORNEY GENERAL OF TEXAS,
Appellant,
v.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION,
Appellee.
On Appeal from the 419th District Court of Travis County, Texas
The Honorable Rhonda Hurley, Presiding
UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Appellant Ken Paxton, Attorney General of Texas, files this unopposed
motion requesting the Court to extend the time for filing Appellant’s brief by forty-
three days to January 15, 2016.
1. Appellant is Ken Paxton, Attorney General of Texas; Appellee is Texas
Health and Human Services Commission.
2. The parties have agreed to this motion.
3. The deadline to file Appellant’s Brief is currently December 3, 2015.
4. The Attorney General’s undersigned counsel, Matthew R. Entsminger,
seeks additional time to file his brief due to planned commitments and scheduled
personal travel that predated the Court’s setting of the Appellant deadline. The
undersigned was out of the state on personal travel over November 11–17, and was
out of the office over November 25–30 for the Thanksgiving holiday. The
undersigned is currently preparing a presentation for the Texas Open Government
Conference, which he will be attending in San Marcos, Texas, over December 8–10.
And finally the undersigned will be traveling out of the state for the Christmas
holiday from December 18 to January 4, 2016.
5. The Court has the authority to extend the time to file briefs under Texas
Rules of Appellate Procedure 38.6.
6. The Attorney General seeks a forty-three day extension to file his brief,
extending the briefing deadline to January 15, 2016.
7. Appellee, Texas Health and Human Services Commission, does not
oppose the Attorney General’s request for extension.
8. No previous extensions have been sought.
9. For the above reasons, Appellee Attorney General prays that this Court
grant an extension of time to file the Appellant’s brief until January 15, 2016.
Respectfully Submitted,
KEN PAXTON
Attorney General of Texas
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CHARLES E. ROY
First Assistant Attorney General
BRANTLEY STARR
Deputy Attorney General for Legal Counsel
DAVID A. TALBOT, JR.
Chief, Administrative Law Division
KIMBERLY L. FUCHS
Chief, Open Records Litigation
/s/ Matthew R. Entsminger_________
MATTHEW R. ENTSMINGER
State Bar No. 24059723
Assistant Attorney General
Open Records Litigation
Administrative Law Division
Office of the Attorney General of Texas
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4151
Facsimile: (512) 320-0167
matthew.entsminger@texasattorneygeneral.gov
ATTORNEYS FOR APPELLANT
KEN PAXTON, ATTORNEY GENERAL OF TEXAS
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CERTIFICATE OF CONFERENCE
I hereby certify that on November 30, 2015, I conferred with Ann Hartley,
counsel for Appellee Texas Health and Human Services Commission, who stated
she does not oppose this motion.
/s/ Matthew R. Entsminger_________
MATTHEW R. ENTSMINGER
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Unopposed
Motion for Extension of Time to File Brief of Appellant Ken Paxton, Attorney
General of Texas, has been served on November 30, 2015, on the following counsel-
of-record via e-service and e-mail:
ANN HARTLEY
State Bar No. 09157700
Assistant Attorney General
Financial Litigation and Charitable Trusts Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 936-1313
Facsimile: (512) 477-2348
ann.hartley@texasattorneygeneral.gov
ATTORNEY FOR APPELLEE
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
/s/ Matthew R. Entsminger________
ATTORNEY FOR APPELLANT
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