Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Statewide Materials Transport, Ltd.

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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