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 4905147 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/15/2015 4:15:07 PM JEFFREY D. KYLE CLERK No. 03-15-00186-CV In the Court of Appeals 3rd COURT FILED IN OF APPEALS AUSTIN, TEXAS for the Third Judicial District 4/15/2015 4:15:07 PM Austin, Texas 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. On Appeal from the 250th Judicial District Court of Travis County, Texas UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF TO THE HONORABLE THIRD COURT OF APPEALS: Appellants move to extend the time to file their Appellants’ Brief pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d). I. The Appellants’ Brief is currently due April 27, 2015. Appellants seek a 30-day extension, creating a new deadline of May 27, 2015. This is Appellants’ first request, and Appellee does not oppose the extension. II. The extension is not sought for delay, and no party will be prejudiced if it is granted. Appellants request this extension because undersigned counsel and the Solicitor General’s Office are new to this case at the appellate level, and undersigned counsel has substantial litigation commitments in other cases, including: preparing the appellees’ brief due April 17, 2015, in the U.S. Court of Appeals for the Fifth Circuit in Bach v. Texas State University et al., No. 14-51081; and preparing the reply brief on the merits due April 28, 2015, in the Texas Supreme Court in The University of Texas at El Paso v. Ochoa, No. 13-0982. The additional time requested will permit counsel to fully analyze the record and relevant law in order to prepare thorough briefing, which would aid the Court in its consideration of this appeal. III. Appellants respectfully request that the Court grant a 30-day extension for filing their brief, creating a new deadline of May 27, 2015. 2 Respectfully submitted. KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General SCOTT A. KELLER Solicitor General /s/ Douglas D. Geyser DOUGLAS D. GEYSER Assistant Solicitor General State Bar No. 24059817 OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-2540 Fax: (512) 474-2697 douglas.geyser@texasattorneygeneral.gov COUNSEL FOR APPELLANTS 3 CERTIFICATE OF CONFERENCE I certify that on April 15, 2015, I conferred with counsel for Appellee regarding this motion, and counsel advised that Appellee does not oppose the motion. /s/ Douglas D. Geyser Douglas D. Geyser Counsel for Appellants CERTIFICATE OF SERVICE On April 15, 2015, this motion was served via File & ServeXpress and/or e-mail on: Amanda G. Taylor James F. Martens Danielle V. Ahlrich MARTENS, TODD, LEONARD, TAYLOR & AHLRICH 301 Congress Ave., Suite 1950 Austin, Texas 78701 [Tel] (512) 542-9898 ataylor@textaxlaw.com COUNSEL FOR APPELLEE /s/ Douglas D. Geyser Douglas D. Geyser Counsel for Appellants 4