ACCEPTED
14-15-00027-cv
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
3/20/2015 12:01:05 PM
CHRISTOPHER PRINE
CLERK
No. 14-15-00027-CV
____________________________________________________
FILED IN
14th COURT OF APPEALS
In the Court of Appeals HOUSTON, TEXAS
for the Fourteenth Judicial District 3/20/2015 12:01:05 PM
Houston, Texas CHRISTOPHER A. PRINE
Clerk
____________________________________________________
Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken
Paxton, Attorney General of the State of Texas,
Appellant,
v.
Checkfree Services Corporation,
Appellee.
____________________________________________________
On Appeal from the 53rd Judicial District Court, Travis County, Texas
____________________________________________________
APPELLANTS’ UNOPPOSED MOTION FOR 30-DAY EXTENSION TO
FILE BRIEF OF APPELLANTS
____________________________________________________
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Pursuant to Rules 10.5 and 38.6(d) of the Texas Rules of Appellate Procedure,
Appellants Glen Hegar, Comptroller of Public Accounts of the State of Texas, and
Ken Paxton, Attorney General of the State of Texas ("Appellants") file this
Unopposed Motion for a 30-day Extension to File Brief of Appellants.
Appellants’ Brief is currently due April 15, 2015. The undersigned counsel
respectfully requests a 30-day extension of time to file Appellants’ Brief, such that
it would instead be due May 15, 2015. No extensions in this matter have previously
been sought by Appellants.
The undersigned counsel relies on the following reasons, in addition to the
routine matters that counsel must attend to in daily practice, to explain the need for
the requested extension:
• Appellants’ prior counsel, Erika Sams, is moving out of the state. The
undersigned counsel was not previously involved in this case, and his
substitution of counsel was only filed on March 4, 2015.
• The undersigned counsel is responsible for reviewing numerous bills
during the legislative session, and preparing for the Legislative Budget
Board estimates of the fiscal impact such legislation would have upon
his division in the Attorney General’s office.
• The undersigned counsel is lead attorney for the Texas Workforce
Commission in numerous tax disputes, including four cases that are all
in active discovery at the present time:
o PSM, Plus, LLC v. Tex. Workforce Comm’n et al., Cause No. D-
1-GN-14-00448, 53rd Judicial District Court of Travis County,
Texas;
o G&A Outsourcing, Inc. et al. v. Tex. Workforce Comm’n, Cause
No. D-1-GN-14-005431, 98th Judicial District Court of Travis
County, Texas;
o G&A Outsourcing IV, LLC v. Tex. Workforce Comm’n, Cause
No. D-1-GN-14-005432, 126th Judicial District Court of Travis
County, Texas; and
o DGC Realty Solutions, LLC v. Tex. Workforce Comm’n, Cause
No. D-1-GN-13-004087, 261st Judicial District Court of Travis
County, Texas.
• The undersigned counsel is preparing a Plea to the Jurisdiction in
Quinones v. Teacher Retirement Sys. of Tex. et al., Cause No. D-1-GN-
15-000356, 53rd Judicial District Court of Travis County, Texas, which
will be set for hearing the week of March 30–April 3.
Appellants’ Unopposed Motion for Extension to File Brief
• The undersigned secondary counsel has a brief due on March 23, 2015
in Hunter v. Tex. Dep’t of Ins. et al., Cause No. 03-14-00737-CV, Third
Court of Appeals, Texas.
• The undersigned secondary counsel is the legislative liaison for her
division at the Attorney General’s office and has extensive duties
related to legislation during the legislative session.
• The undersigned secondary counsel will be out of the office on April 3,
2015.
Appellants seek this extension of time to prepare a briefing that fully assists
this Court in deciding the issues presented by this appeal. Given the undersigned
counsels’ prior lack of involvement in this case and other time commitments, it will
not be possible to prepare such a briefing by April 15, 2014. Appellee Checkfree
Services Corporation is not opposed to this motion. This request is not sought for
delay but so that justice may be done.
PRAYER FOR RELIEF
For the reasons set forth above, Appellants request that this Court extend the
deadline for filing Appellants’ Brief to May 15, 2015. Appellants further request all
other relief to which they may be justly entitled.
Appellants’ Unopposed Motion for Extension to File Brief
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
Chief, Financial Litigation, Tax, and
Charitable Trusts Division
/s/Quinn T. Ryan
QUINN T. RYAN
Attorney-in-Charge
Financial Litigation, Tax and Charitable
Trusts Division
State Bar No. 24074994
Tel: (512) 463-3112
Fax: (512) 478-4013
quinn.ryan@texasattorneygeneral.gov
Cynthia A. Morales
Secondary Attorney-in-Charge
Financial Litigation, Tax, and Charitable
Trusts Division
State Bar No. 14417420
P.O. Box 12548
Austin, Texas 78711-2548
Tel: (512) 475-4470
Fax: (512) 478-4013
cynthia.morales@texasattorneygeneral.gov
Attorneys for Appellants
Appellants’ Unopposed Motion for Extension to File Brief
CERTIFICATE OF CONFERENCE
I certify that on March 18, 2015, I conferred with counsel for Appellee by
email, who confirmed that Appellee is not opposed to this motion.
CERTIFICATE OF SERVICE
I certify that on March 20, 2015, a copy of this Appellants’ Unopposed Motion
for 30-Day Extension to File Brief of Appellants was served on Appellee as indicated
below:
Doug Sigel
RYAN LAW FIRM, LLP Via e-serve: doug.sigel@ryanlawllp.com
Counsel for Appellee
/s/Quinn T. Ryan
QUINN T. RYAN
Assistant Attorney General
Appellants’ Unopposed Motion for Extension to File Brief
Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Checkfree Services Corporation
Combined Opinion