ACCEPTED
03-15-00186-CV
6777610
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/3/2015 10:07:11 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00186-CV
__________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT OF TEXAS9/3/2015 10:07:11 AM
AT AUSTIN JEFFREY D. KYLE
________________________________________________Clerk
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS
OF THE STATE OF TEXAS; AND
KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS,
Appellants
v.
STATEWIDE MATERIALS TRANSPORT, LTD.,
Appellee.
JOINT MOTION
FOR FOURTH EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
For the reasons explained below, both parties jointly move for a sixty-day
extension of the Appellee’s Brief deadline to allow for finalization of an anticipated
settlement agreement, followed by dismissal of this pending matter. Appellee’s
current deadline is Tuesday, September 8, 2015. The parties seek an extension of
this deadline until Monday, November 9, 2015.
1
I. INTRODUCTION
1. Appellants are Glenn Hegar, Comptroller of Public Accounts of the
State of Texas, and Ken Paxton, Attorney General of the State of Texas
(“Appellants”).
2. Appellee is Statewide Materials Transport, Ltd. (“Appellee”).
3. No rule provides a deadline to file this Motion to Extend. See Tex. R.
App. P. 38.6(d).
II. ARGUMENT & AUTHORITIES
4. The Court has authority under Texas Rule of Appellate Procedure
38.6(d) to extend the time to file Appellee’s Brief. This Motion is filed in
accordance with Texas Rule of Appellate Procedure 10.5(b)(1).
5. Appellee’s Brief is currently due on Tuesday, September 8, 2015.
6. Since August 11, 2015, settlement discussions have been underway
between the parties. The parties have now reached an initial agreement to the
settlement terms and are in the process of finalizing the necessary settlement
documents. It generally takes the Office of the Comptroller approximately 60 days
to process such documents and issue payment. The parties anticipate filing a Joint
Motion to Dismiss this appeal promptly following the completion of that process by
Appellants.
2
7. Counsel for both parties recognize that sixty days is a
longer-than-average extension period, especially given the number of extensions
previously granted in this matter. However, counsel jointly make this request as a
matter of efficiency and to promote final resolution of this matter because neither
has control over the length of time required by the Franchise Tax Refund
Verification Division of the Office of the Comptroller to process and finalize the
contemplated settlement. Rather than incur time and expense on behalf of the
clients to file repeated motions for further extension of time during this period, the
parties jointly make a request for a sixty-day extension period at this time.
8. The requested extension of Appellee’s Brief deadline will not prejudice
any party.
9. Three extensions of time have previously been granted to Appellee
regarding its Brief: Two at the request of Appellee, and one jointly requested by the
parties when settlement negotiations began.
10. The $10.00 filing fee has been submitted in connection with this
Motion.
III. PRAYER
For these reasons, the Appellants and Appellee respectfully pray that this
Court grant an extension of time to file Appellee’s Brief from September 8 to
November 9, 2015, which is 60 days from the current deadline.
3
Respectfully submitted,
MARTENS, TODD, LEONARD, TAYLOR & AHLRICH
301 Congress Ave., Suite 1950
Austin, Texas 78701
Telephone: (512) 542-9898
Telecopier: (512) 542-9899
By: /s/ Amanda G. Taylor
Amanda Taylor
ataylor@textaxlaw.com
State Bar No. 24045921
James F. Martens
jmartens@textaxlaw.com
State Bar No. 13050720
Lacy L. Leonard
lleonard@textaxlaw.com
State Bar No. 24040561
Danielle V. Ahlrich
dahlrich@textaxlaw.com
State Bar No. 24059215
ATTORNEYS FOR APPELLEE
STATEWIDE MATERIALS
TRANSPORT, LTD.
4
JOINED BY
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
SCOTT A. KELLER
Solicitor General
BY: /s/ Douglas D. Geyser
DOUGLAS D. GEYSER
Assistant Solicitor General
State Bar No. 24059817
douglas.geyser@texasattorneygeneral.gov
CHARLES K. ELDRED
Assistant Attorney General
charles.eldred@texasattorneygeneral.gov
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-2540
Fax: (512) 474-2697
COUNSEL FOR APPELLANTS GLENN HEGAR,
COMPTROLLER OF PUBLIC ACCOUNTS OF
THE STATE OF TEXAS, AND KEN PAXTON,
ATTORNEY GENERAL OF THE STATE OF
TEXAS
5
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that on
September 3, 2015, counsel for Appellee conferred with counsel for Appellants,
both Mr. Douglas Geyser and Mr. Charles Eldred, and they agree to join in the relief
requested by this Motion.
/s/ Amanda G. Taylor
Amanda G. Taylor
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Joint Motion for a
Fourth Extension of Time to File Appellee’s Brief has been electronically filed and
served on all counsel below on September 3, 2015.
Douglas D. Geyser
Assistant Solicitor General
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
(512) 936-2540
(512) 474-2697 [fax]
douglas.geyser@texasattorneygeneral.gov
Charles Eldred
Assistant Attorney General
OFFICE OF THE ATTORNEY GENERAL,
FINANCIAL AND TAX LITIGATION DIVISION
P.O. Box 12548
Austin, Texas 78711
(512) 463-1745
(512) 477-2348 [fax]
charles.eldred@texasattorneygeneral.gov
/s/ Amanda G. Taylor
Amanda G. Taylor
6