Chase Carmen Hunter v. Texas Department of Insurance and David Mattax, in His Official Capacity as Commissioner of Insurance

ACCEPTED
03-14-00737-CV
4608051
THIRD COURT OF APPEALS
AUSTIN, TEXAS
3/23/2015 4:21:47 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00737-CV

In the Third Court of Appeals FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
Austin, Texas 3/23/2015 4:21:47 PM
____________________________________
JEFFREY D. KYLE
Clerk

CHASE CARMEN HUNTER
Appellant,
v.
ELEANOR KITZMAN, JULIA RATHGEBER, AND THE TEXAS
DEPARTMENT OF INSURANCE
Appellees.
____________________________________________
On Appeal from the 250th Judicial District Court
Cause No. D-1-GN-13-001957
Travis County, Texas
____________________________________________
APPELLEES’ MOTION FOR EXTENSION
OF TIME TO FILE BRIEF
____________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Pursuant to Rules 10.5 and 38.6(d) of the Texas Rules of Appellate Procedure,

Appellees Eleanor Kitzman, Julia Rathgeber, and the Texas Department of Insurance,

(“Appellees”), move to extend the time to file the appellees’ brief by seven (7) days,

from the current deadline of March 23, 2015, to March 30, 2015.

I.

Appellees’ brief is currently due March 23, 2015. The undersigned counsel

respectfully requests a 7-day extension of time to file Appellees’ Brief, such that it
would instead be due on March 30, 2015. No extensions in this matter have previously

been sought by Appellees.

II.

This extension is necessary because during the 31-day period during for

preparing appellee’s brief, the undersigned counsel has (1) prepared the reply brief on

the merits for Petitioners in Glenn Hegar, Comptroller of Public Accounts of the State

of Texas, and Ken Paxton, Attorney General of The State of Texas v. Titan

Transportation, LP, No. 14-0307, filed with the Texas Supreme Court on February 24,

2015; (2) filed a waiver of response in No. 14-8131, Chase Carmen Hunter v. Andrew

Boron, Illinois Department of Insurance, National Association of Insurance

Commissioners, National Insurance Producer Registry, Eleanor Kitzman, individually

and in her official capacity, Julia Rathgeber, individually and in her official capacity,

and the Texas Department of Insurance, pending in the Supreme Court of the United

States, filed on February 26, 2015; (3) assisted with the preparation for oral argument

in W. Robert Brown v. Glenn Hegar, Comptroller of Public Accounts of the State of

Texas, and Ken Paxton, Attorney General of The State of Texas, No. 03-14-00492-CV,

in the Third Court of Appeals (argued by Mr. Eldred on March 11, 2015); and (4)

attended to extensive legislative duties as the legislative liaison for her division at the

Attorney General’s office. Appellees seek this extension of time not for delay, but in

order to adequately prepare a brief that will assist this Court in deciding the issues

presented by this appeal.

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 III.

Appellees respectfully request that this Court grant this motion and extend the

deadline for filing Appellees’ Brief to March 30, 2015.

Respectfully submitted,

KEN PAXTON
Attorney General of Texas

CHARLES E. ROY
First Assistant Attorney General

JAMES E. DAVIS
Deputy Attorney General for Civil Litigation

ROBERT O’KEEFE
Division Chief
Financial Litigation, Tax, and Charitable Trusts
Division

/s/ Cynthia A. Morales
Cynthia A. Morales
Assistant Attorney General
Texas State Bar No. 14417420
Financial Litigation, Tax, and Charitable Trusts
Division P.O. Box 12548
Austin, Texas 78711-2548
(512) 475-4470 Phone
(512) 477-2348 Fax
cynthia.morales@texasattorneygeneral.gov

Counsel for Appellees

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 CERTIFICATE OF CONFERENCE

I certify that on March 23, 2015, I attempted to confer with Appellant by
telephone and left a message, but was unable to reach Appellant.

/s/ Cynthia A. Morales
CYNTHIA A. MORALES

CERTIFICATE OF SERVICE

I hereby certify that on March 23, 2015, the above and foregoing Appellees’
Motion for Extension of Time to File Brief was filed and served by fax and email on:

Chase Carmen Hunter
340 S. Lemon Avenue #9039
Walnut, CA 91789
chase_hunter@yahoo.com
Fax: (703) 997-5999

/s/ Cynthia A. Morales
CYNTHIA A. MORALES

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