ACCEPTED
03-15-00631-CV
8328703
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/21/2015 3:31:31 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00631-CV
_______________________________
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
FOR THE 12/21/2015 3:31:31 PM
THIRD JUDICIAL DISTRICT OF TEXASJEFFREY D. KYLE
Clerk
_______________________________
MELISSA GATES
Appellants,
VS.
TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AND
COMMISSIONER JOHN SPECIA,
Appellees.
_______________________________
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEES’ BRIEF
_______________________________
TO THE HONORABLE COURT OF APPEALS:
Appellees’ Texas Department of Family and Protective Services and
Commissioner John Specia (“Appellees”) ask the Court to extend the time to file their
Appellees’ Brief.
A. INTRODUCTION
1. Appellees are Texas Department of Family and Protective Services and
Commissioner John Specia (collectively, “Appellees”).
2. No rule limits the time to file this motion to extend. TEX. R. APP. P. 38.6(d)
(“A motion to extend the time to file a brief may be filed before or after the date the brief
is due.”).
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEES’ BRIEF PAGE 1
3. Appellant is unopposed to this motion.
B. ARGUMENT AND AUTHORITIES
4. The Court may extend the time for filing a brief under the authority of
Texas Rule of Appellate Procedure 38.6(d).
5. The deadline to file the Appellees’ Brief is December 30, 2015. See TEX.
R. APP. P. 38.6(b).
6. Appellees request an additional 30 days to file their brief, extending the
time until January 29, 2016. This is the first request for an extension by Appellees to file
their brief.
7. Appellees require additional time to file their brief because of holiday
office closures and other filing deadlines in Wilkerson v. Univ. of N. Tex. Et al., Civil
No.: 4:15-cv-00540, in the EDTX-Sherman Division; and Planned Parenthood of
Greater Texas Family Planning and Preventative Health Services, Inc., et al. vs. Chris
Traylor, et al., Civil No: 1:15-cv-01058, in the WDTX-Austin Division. For these
reasons, Appellees request that the Court extend the deadline 30 days for Appellees to
file their brief.
8. No prior extension has been granted to extend the time to file the
Appellees’ Brief.
C. PRAYER
For these reasons, Appellees’ Texas Department of Family and Protective Services
and Commissioner John Specia, request that this Court grant an extension of time and set
January 29, 2015, as the due date for Appellees’ Brief.
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEES’ BRIEF PAGE 2
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
ANGELA V. COLMENERO
Chief, General Litigation Division
/s/ Marc Rietvelt
MARC RIETVELT
State Bar No. 24043892
Assistant Attorney General
Office of the Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
(512) 463-2120
(512) 320-0667 FAX
marc.rietvelt@texasattorneygeneral.gov
ATTORNEYS FOR APPELLANTS
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEES’ BRIEF PAGE 3
CERTIFICATE OF CONFERENCE
I hereby certify that on December 14, 2015, I conferred with counsel for Appellant
concerning the merits of this motion. Counsel for Appellant informed me that he was
unopposed to Appellees’ request for an extension of time to file their Appellees’ Brief
/s/ Marc Rietvelt
Marc Rietvelt
Assistant Attorney General
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing was filed electronically and
that notice of this filing will be sent to the following persons through File & Serve
Xpress’ electronic filing system and email on December 21, 2015:
Thomas C. Sanders
Attorney at Law
P. O. Box 1860
Sugar Land, Texas 77487
281/242-9700 Telephone
281/242-8340 Facsimile
tcsanders76@yahoo.com
Robert G. Gibson, Jr.
Attorney at Law
P. O. Box 387
Rosenberg, Texas 77471
713/953-0500 Telephone
713/953-0750 Facsimile
rgglaw@juno.com
/s/ Marc Rietvelt
Marc Rietvelt
Assistant Attorney General
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEES’ BRIEF PAGE 4