Graphic Packaging Corporation v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

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ACCEPTED 03-14-00197-CV 3763229 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/14/2015 11:24:45 AM JEFFREY D. KYLE CLERK No. 03-14-00197-CV In the Court of Appeals 3rd COURT FILED IN OF APPEALS AUSTIN, TEXAS for the Third Judicial District 1/14/2015 11:24:45 AM JEFFREY D. KYLE Austin, Texas Clerk GRAPHIC PACKAGING CORPORATION , Appellant, v. GLENN HEGAR , COMPTROLLER OF PUBLIC ACCOUNTS OF THE S TATE OF T EXAS , AND K EN PAXTON , ATTORNEY GENERAL OF THE STATE OF TEXAS , Appellees. On Appeal from the 353rd Judicial District Court Travis County, Texas U NOPPOSED FOURTH MOTION FOR E XTENSION OF TIME (SEVEN D AYS ) TO F ILE A PPELLEES ’ B RIEF TO THE HONORABLE THIRD COURT OF APPEALS : Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellees Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, move to extend the time to file the appellees’ brief by seven days, from the current deadline of January 20, 2015, to a proposed new deadline of January 27, 2015. I. The clerk’s record was filed on April 28, 2014, and the reporter’s record was filed on June 12, 2014, setting the initial deadline for the appellant’s brief on July 14, 2014. The Court granted appellant’s three unopposed motions to extend that deadline by a cumulative total of 74 days. Appellant timely filed its brief on September 26, 2014. II. The initial deadline for appellees’ brief was October 27, 2014. The Court granted appellees’ three unopposed motions to extend that deadline by a cumulative total of 85 days, to the current deadline of January 20, 2015. III. Appellees now request a final, seven-day extension of the time to file their brief, which would create a new deadline of January 27, 2015. Appellees will not request any further extensions for this brief. IV. This extension is necessary because appellees’ lead counsel has been ill with a viral infection for the last several days, hindering his ability to complete the brief. That hindrance is especially problematic at this time because both appellees recently have changed administrations, and therefore will require 2 more time to review the draft brief. This extension is not sought for delay, and no party will be prejudiced if it is granted. V. Appellant does not oppose this extension motion. PRAYER Appellees Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, respectfully request that the Court grant this motion and extend the deadline for filing appellees’ brief to January 27, 2015. Respectfully submitted. K EN PAXTON /s/ Rance Craft Attorney General of Texas R ANCE CRAFT Assistant Solicitor General CHARLES E. R OY State Bar No. 24035655 First Assistant Attorney General CYNTHIA A. M ORALES Assistant Attorney General JAMES E. DAVIS State Bar No. 14417420 Deputy Attorney General for Civil Litigation OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) SCOTT A. KELLER Austin, Texas 78711-2548 Solicitor General (512) 936-2872 (512) 474-2697 [fax] rance.craft@texasattorneygeneral.gov Counsel for Appellees 3 C ERTIFICATE OF C ONFERENCE I conferred with Amanda G. Taylor, counsel for appellant, regarding the foregoing motion, and she advised that her client does not oppose the motion. /s/ Rance Craft Rance Craft C ERTIFICATE OF S ERVICE On January 14, 2015, this Unopposed Fourth Motion for Extension of Time (Seven Days) to File Appellees’ Brief was served by File & Serve Xpress on: James F. Martens Amy L. Silverstein jmartens@textaxlaw.com asilverstein@sptaxlaw.com Amanda G. Taylor SILVERSTEIN & POMERANTZ LLP ataylor@textaxlaw.com 12 Gough Street, Second Floor Lacy L. Leonard San Francisco, California 94103 lleonard@textaxlaw.com Danielle Ahlrich Counsel for Appellant dahlrich@textaxlaw.com M ARTENS , TODD , LEONARD & TAYLOR 301 Congress Avenue, Suite 1950 Austin, Texas 78701 Counsel for Appellant /s/ Rance Craft Rance Craft 4