ACCEPTED
03-15-00044-CV
4970915
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/21/2015 1:35:53 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00044-CV
FILED IN
In the Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
for the Third Judicial District 4/21/2015 1:35:53 PM
Austin, Texas JEFFREY D. KYLE
Clerk
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
Appellant,
v.
MAURIE LEVIN, NAOMI TERR, AND HILARY SHEARD,
Appellees.
On Appeal from the
201st Judicial District Court of Travis County, Texas
UNOPPOSED MOTION TO EXTEND
TO MAY 27, 2015, THE DEADLINE TO FILE
APPELLANT’S OPENING BRIEF
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6,
Appellant Texas Department of Criminal Justice requests a 30-day
extension of the deadline to file Appellant’s opening brief. One prior 30-
day extension of this deadline has been sought and received. This
extension request is not opposed.
The opening brief is currently due April 27, 2015. The requested
30-day extension, if granted, would make the brief due on or before May
27, 2015.
There is good reason to grant the requested extension, which is not
sought for any improper purpose. Appellant is represented by new lead
counsel on appeal, and Appellant’s counsel has had and will continue to
have a significant workload in other matters that makes it impossible to
complete by the current deadline a brief that would be helpful to the
Court. That workload includes, but is not limited to, significant
responsibilities in the following matters:
• Veasey v. Abbott, No. 14-41127, in the United States Court of
Appeals for the Fifth Circuit (oral argument preparations;
argument calendared for April 28, 2015); and
• Ivy v. Willaims, No. 14-50037, in the United States Court of Appeals
for the Fifth Circuit (drafting an submitting at the court’s request
by April 23, 2015, a response to a petition for rehearing en banc in
a class action suit for statewide injunctive and declaratory relief
under the Americans with Disabilities Act and Section 504 of the
Rehabilitation Act).
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PRAYER
For these reasons, the Court should extend to May 27, 2015, the
deadline for filing Appellant’s opening brief.
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Respectfully submitted.
KEN A. PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
SCOTT A. KELLER
Solicitor General
/s/ Richard B. Farrer
RICHARD B. FARRER
Assistant Solicitor General
State Bar No. 24055470
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-1823
Fax: (512) 474-2697
richard.farrer@texasattorneygeneral.gov
COUNSEL FOR APPELLANT TEXAS DEPARTMENT
OF CRIMINAL JUSTICE
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CERTIFICATE OF CONFERENCE
I certify that I conferred by email with counsel for Appellees, Philip
Durst, who indicated that this motion is not opposed.
/s/ Richard B. Farrer
Richard B. Farrer
Counsel for Appellant
CERTIFICATE OF SERVICE
On April 21, 2015, the foregoing document was served via File &
ServeXpress and e-mail on counsel for Appellees:
Philip Durst
Manuel Quinto-Pozos
DEATS, DURST, OWEN & LEAVY, PLLC
1204 San Antonio, Suite 203
Austin, Texas 78701
[Tel] (512) 474-6200
[Fax] (512) 474-7896
pdurst@ddollaw.com
mqp@ddollaw.com
Maurie Amanda Levin
LAW OFFICE OF MAURIE LEVIN
614 South 4th St. #346
Philadelphia, Pennsylvania 19147
[Tel] (512) 294-1540
[Fax] (215) 733-9225
maurielevin@gmail.com
/s/ Richard B. Farrer
Richard B. Farrer
Counsel for Appellant
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