LMV-AL Ventures, LLC// Texas Department of Aging and Disability Services and Commissioner Jon Weizenbaum, in His Official Capacity v. Texas Department of Aging and Disability Services and Commissioner Jon Weizenbaum, in His Official Capacity// Cross-Appellee, LMV-AL Ventures, LLC
ACCEPTED
03-16-00222-CV
13099042
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/6/2016 11:51:13 AM
JEFFREY D. KYLE
CLERK
No. 03-16-00222-CV
In the Court of Appeals FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
for the Third Judicial District 10/6/2016 11:51:13 AM
JEFFREY D. KYLE
Austin, Texas Clerk
LMV-AL Ventures, LLC,
Appellant/Cross-Appellee,
v.
Texas Department of Aging and Disability Services and
Commissioner Jon Weizenbaum, in his Official Capacity,
Appellees/Cross-Appellants.
On Appeal from the
98th Judicial District Court, Travis County
Cause no. D-1-GN-15-001219
JOINT FIRST MOTION FOR AN EXTENSION OF
TIME TO FILE REPLY BRIEFS
TO THE HONORABLE THIRD COURT OF APPEALS:
1. Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b),
Appellant LMV-AL Ventures, LLC and Cross-Appellants Texas Department
of Aging and Disability Services and Commissioner Jon Weizenbaum seek an
extension of time to file their respective reply briefs. Both reply briefs are due
October 12, 2016. Appellant and Cross-Appellants seek an extension up to and
including October 28, 2016.
2. All parties have agreed to this extension of time. The Court has
granted no previous extensions for Appellant’s and Cross-Appellants’ reply
briefs.
3. The extension is sought to accommodate Cross-Appellants’
counsel’s workload and to allow adequate time to prepare the replies, and to
ensure that Cross-Appellants’ briefing schedule remains synchronized with
Appellant’s.
4. Cross-Appellants’ counsel has substantial litigation commitments in
other cases, particularly in Buck v. Davis, No. 15-8049, a capital habeas case
argued in the United States Supreme Court on October 5, 2016. Although
Cross-Appellants’ counsel is not lead counsel, his travel and preparation
obligations for the Buck argument were significant.
5. Appellant seeks an extension so that the briefing schedule for the
main appeal and the cross-appeal will remain synchronized.
6. This extension is not sought to cause delay, and it will prejudice no
party.
7. For the foregoing reasons, the parties pray that the Court grant a 16-
day extension of time as requested, creating a new deadline of October 28,
2016 for Appellant’s reply and for Cross-Appellants’ reply.
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Respectfully submitted.
Ken Paxton Scott A. Keller
Attorney General of Texas Solicitor General
Jeffrey C. Mateer /s/ Ari Cuenin
First Assistant Attorney General Ari Cuenin
Assistant Solicitor General
Office of the Attorney General State Bar No. 24078385
P.O. Box 12548 (MC 059) ari.cuenin@texasattorneygeneral.gov
Austin, Texas 78711-2548 Eugene A. Clayborn
Tel.: (512) 936-1827 Assistant Attorney General
Fax: (512) 474-2697
Counsel for Cross-Appellants
/s/ Walter V. Williams (by permission)
WALTER V. WILLIAMS
State Bar No. 21584800
Jack M. Modesett, III
Modesett Williams, PLLC
515 Congress Ave, Ste 1650
Austin, Texas 78701
Tel.: (512) 472-6097
Fax: (512) 481-0130
Counsel for Appellant LMV-AL, LLC
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Certificate of Conference
I hereby certify that Appellant and Cross-Appellants have jointly agreed
to seek the relief requested by this motion.
Certificate of Service
On October 6, 2016, this document was served electronically via File &
ServeXpress and/or e-mail on Walter V. Williams, Modesett Williams,
PLLC, 515 Congress Ave, Ste. 1650, Austin, Texas 78701, lead counsel for
LMV-AL Ventures, LLC, via walter@modwill.com.
/s/ Ari Cuenin
Ari Cuenin
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