ACCEPTED
03-15-00186-CV
5536681
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/3/2015 5:19:47 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00186-CV
__________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT OF TEXAS6/3/2015 5:19:47 PM
AT AUSTIN 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.
UNOPPOSED, FIRST MOTION FOR
EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellee Statewide Materials Transport, Ltd. moves pursuant to Rules 10.5(b)
and 38.6(d) of the Texas Rules of Appellate Procedure, asking that this Court grant
a 30-day extension of time for filing its Appellee’s Brief from June 16 to July 16,
2015. This Motion is UNOPPOSED by Appellants Glenn Hegar, Comptroller of
Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the
State of Texas.
1
I. INTRODUCTION
1. Appellants are Glenn Hegar, Comptroller of Public Accounts of the
State of Texas, and Ken Paxton, Attorney General of the State of Texas
(“Appellants”).
2. Appellee is Statewide Materials Transport, Ltd. (“Appellee”).
3. No rule provides a deadline to file this Motion to Extend. See Tex. R.
App. P. 38.6(d).
II. ARGUMENT & AUTHORITIES
4. The Court has authority under Texas Rule of Appellate Procedure
38.6(d) to extend the time to file Appellee’s Brief. This Motion is filed in
accordance with Texas Rule of Appellate Procedure 10.5(b)(1).
5. Appellee’s Brief is currently due on Tuesday, June 16, 2015.
6. The undersigned counsel for Appellee have had several pending
deadlines and professional obligations since the filing of Appellants’ Brief, which
have prevented them from being able to complete the Brief by June 16, and they
have additional deadlines and obligations in the coming weeks that necessitate the
30-day extension now sought without opposition. More specifically, these
deadlines include the following for Appellee’s counsel:
a. Amanda Taylor: (1) Petitioner’s Brief on the Merits due in the
Supreme Court of Texas on May 13 (No. 14-0647); (2) oral argument before this
2
Court on June 3 (No. 03-14-00197-CV); (3) attending a two-day continuing legal
education course on June 4-5 (“State and Federal Appeals”); (4) Petitioner’s Reply
Brief due in the Supreme Court on June 17 (No. 14-0647); (5) Appellee’s Brief
currently due in this Court on June 19 (No. 03-14-00713-CV); and (6) vacation
including prepaid travel on June 10 through 14, as stated in the vacation notice on
file with this Court.
7. Appellee therefore requests a 30-day extension of its brief-filing
deadline.
8. The requested extension of Appellee’s Brief deadline will not prejudice
any party.
9. No extensions of time have previously been requested by or granted to
Appellee regarding its Brief.
10. The $10.00 filing fee has been submitted in connection with this
Motion.
3
III. PRAYER
For these reasons, Appellee respectfully prays, without any opposition of
Appellants, that this Court grant an extension of time to file Appellee’s Brief from
June 16 to July 16, 2015, which is 30 days from the current deadline.
Respectfully submitted,
MARTENS, TODD, LEONARD, TAYLOR & AHLRICH
301 Congress Ave., Suite 1950
Austin, Texas 78701
Telephone: (512) 542-9898
Telecopier: (512) 542-9899
By: /s/ Amanda G. Taylor
Amanda Taylor
ataylor@textaxlaw.com
State Bar No. 24045921
James F. Martens
jmartens@textaxlaw.com
State Bar No. 13050720
Lacy L. Leonard
lleonard@textaxlaw.com
State Bar No. 24040561
Danielle V. Ahlrich
dahlrich@textaxlaw.com
State Bar No. 24059215
ATTORNEYS FOR APPELLEE
STATEWIDE MATERIALS
TRANSPORT, LTD.
4
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that
counsel for Appellee has conferred with counsel for Appellants, Mr. Douglas
Geyser, about the merits of this Motion on June 3, 2015. Mr. Geyser does not
oppose this Motion.
/s/ Amanda G. Taylor
Amanda G. Taylor
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Unopposed First
Motion for Extension of Time to File Appellee’s Brief has been electronically filed
and served on all counsel below on June 3, 2015.
Douglas D. Geyser
Assistant Solicitor General
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
(512) 936-2540
(512) 474-2697 [fax]
douglas.geyser@texasattorneygeneral.gov
Charles Eldred
Assistant Attorney General
OFFICE OF THE ATTORNEY GENERAL,
FINANCIAL AND TAX LITIGATION DIVISION
P.O. Box 12548
Austin, Texas 78711
(512) 463-1745
(512) 477-2348 [fax]
charles.eldred@texasattorneygeneral.gov
/s/ Amanda G. Taylor
Amanda G. Taylor
5