ACCEPTED
03-15-00446-CV
8293955
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/17/2015 6:10:11 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00446-CV
IN THE FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS FOR THE 12/17/2015 6:10:11 PM
AUSTIN, TEXAS
THIRD COURT OF APPEALS DISTRICTJEFFREY D. KYLE
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
SECOND UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE REPLY BRIEF
NOW COMES Appellant Baxter Oil Service, Ltd. and files this Second Unopposed
Motion for Extension of Time to File Reply Brief, and in support thereof would
respectfully show the Court as follows:
1. Appellant filed its opening brief on September 25, 2015. Appellee Texas
Commission on Environmental Quality requested an extension of time within which
to file its brief, which Appellant did not oppose and which was granted. Appellee
thus filed its Brief of Appellee on November 13, 2015, making Appellant’s reply
brief originally due December 3, 2015. Appellant then requested a 20-day extension
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for filing its reply brief, which was granted. Appellant’s reply brief is currently due
December 23, 2015.
2. In the past week, the undersigned counsel has been involved with an
unexpected injunction hearing in Cause No. 2015-CI-17534, Cibolo Creek Ranch,
Ltd. v. SA Kinder Ranch Unit 10, Inc. and LFV Properties, Ltd., in the 438th Judicial
District Court of Bexar County, Texas, and with jury charge-related activities in
Cause No. 2011-CI-08332, Weynand v. Olmos Equipment, Inc., et al., in the 285th
Judicial District Court of Bexar County, Texas. The Weynand case has been in trial
for three months and at the time Baxter Oil requested its first extension, the
undersigned was unaware that the jury charge work would coincide with the briefing
time on the Baxter Oil reply brief. Additionally, this week the undersigned counsel’s
law firm suffered the loss of a long time assistant and the undersigned counsel has
been out of the office attending to matters surrounding that loss.
3. For all of these reasons, Appellant requests a 20-day extension of time within
which to file Appellant’s reply brief.
4. Counsel for Appellant contacted counsel for Appellee, who indicated that the
requested extension is unopposed.
5. This is Appellant’s second request for an extension for filing its reply brief
and the extension is not sought for delay, but so that justice may be had.
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WHEREFORE Appellant prays that this Motion be granted such that Appellant’s
reply brief be considered timely filed on or before January 12, 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.
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/ Leslie Sara Hyman
Elliott S. Cappuccio
Texas State Bar No. 24008419
ecappuccio@pulmanlaw.com
Leslie Sara Hyman
Texas State Bar No. 00798274
lhyman@pulmanlaw.com
Matthew J. McGowan
mmcgowan@pulmanlaw.com
Texas State Bar No. 24098077
ATTORNEYS FOR APPELLANT
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CERTIFICATE OF SERVICE
I certify that on the 17th day of December, 2015, the foregoing Appellant’s
Second Unopposed Motion for Extension of Time to File Reply 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/ Leslie Sara Hyman
Leslie Sara Hyman
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