ACCEPTED
03-15-00300-CV
5577142
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/8/2015 9:58:53 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00300-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
FOR THE THIRD JUDICIAL DISTRICT AUSTIN, TEXAS
6/8/2015 9:58:53 AM
AUSTIN, TEXAS
JEFFREY D. KYLE
Clerk
TEXAS DEPARTMENT OF PUBLIC SAFETY,
APPELLANT
V.
ANISTY MIRASOL,
APPELLEE
No. D-1-GN-14-001479
201ST Judicial District
Appealing the Interlocutory Order from the 345th Judicial District
Travis County, Texas
APPELLANT’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
NOW COMES Appellant Texas Department of Public Safety and pursuant to
TEX. R. APP. P. 55.7 and TEX. R. APP. P. 10.5(b), files its Motion for Extension of
Time to file its Brief.
Appellant’s Brief is due June 9, 2015. Appellant requests a thirty day (30)
extension of time, making the Brief due on July 9, 2015. This is Appellant’s first
Motion for Extension of Time. Appellant’s counsel will be unable to meet the
deadline of June 9, 2015, for the following reasons:
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(1) On May 5, 2015, Appellant’s counsel prepared and filed a Plea to the
Jurisdiction and Motion for Summary Judgment in Cause No. 13-2330; Kelsey
Champion vs. Texas State University; in the 274th Judicial District Court, Hays
County, Texas.
(2) On May 7-8, 2015, counsel traveled to McAllen to prepare for and attend
mediation in Cause No. C-6654-13-I; Mason Castillo vs. City of Edinburg, Texas
and the University of Texas—Pan American; in the 398th Judicial District Court,
Hidalgo County, Texas. On May 19, 2015, counsel prepared and filed a Plea to the
Jurisdiction in this same case that is set for a hearing on June 22, 2015.
(3) Counsel was out of the office on May 19, 25, and June 2, 2015.
(4) On June 4, 2015 Counsel had to travel to and attend a hearing in Cause
No. 13-2330; Kelsey Champion vs. Texas State University; in the 274th Judicial
District Court, Hays County, Texas on it Plea to the Jurisdiction/Motion for
Summary Judgment.
(5) Counsel is preparing for a July 22, 2015 jury trial in Cause No. C-3223-
12-C; Raquel Guzman vs. Texas Department of Public Safety; in the 139th Judicial
District Court, Hidalgo County, Texas.
(6) Additionally, counsel has other deadlines and pleadings due in other cases
over the next several weeks.
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Appellant requests an additional 30 days to finish preparing the brief. This
request is made in the interest of justice and not for delay.
WHEREFORE, Appellant Texas Department of Public Safety moves the
court to grant its Motion for Extension of Time to File Its Brief on the Merits, extend
the due date to June 9, 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
KARA KENNEDY
Division Chief, Tort Litigation
/s/ Elsa Girón Nava
________________________________
ELSA GIRÓN NAVA
Assistant Attorney General
State Bar No. 14826900
Tort Litigation Division, Mail Stop 030
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
(512) 463-2197 / (512) 457-4459 direct fax
Elsa.Nava@texasattorneygeneral.gov
ATTORNEY FOR APPELLANT DPS
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CERTIFICATE OF CONFERENCE
On June 5, 2015, I contacted Appellee by email and Appellee does not agree
to this motion for extension of time.
Isl Elsa Giron Nava
ELSA GIR6N NAVA
Assistant Attorney General
VERIFICATION
STATE OF TEXAS §
COUNTY OF TRAVIS §
BEFORE ME, the undersigned Notary Public, personally appeared ELSA GIR6N
NAVA, Assistant Attorney General, and whose identity is known personally to me and
being duly sworn, on oath deposed and said: she is over the age of 18 years of age and is
competent to make this verification; she has read Appellant's Motion for Extension of Time
to file Its Brief and that the facts contained therein are based upon her personal knowledge
and are true and correct.
ELSA GIR6N NAVA
GIVEN UNDER MY HAND and SEAL OF OFFICE on June -5- - -·, 2015.
e ~~ ~ ~~
LORI SUSAN MOORE-O'NEILL
Notary Public
STATE OF TEXAS
Comml11lon Explru 10.o9·2018 Notary Public in and for the State of Texas
Notary without Bond
My commission expires: \u \ OC7 \ \~
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CERTIFICATE OF ELECTRONIC SERVICE
I certify that on June 8, 2015 at approximately 9:30 a.m., I served a copy of
this Motion for Extension of Time to File Brief on the party listed below by
electronic service concurrently with the electronic filing of the document. The
electronic transmission was reported as complete. My e-mail address is
Elsa.Nava@texasattorneygeneral.gov
Paul Batrice Via E-Service
Batrice Law Firm
1114 Lost Creek Blvd, Suite 440
Austin, TX 78746
(512) 600-1000
(512) 600-0217, fax
Paul@batricelawfirm.com
Attorney for Appellee
/s/ Elsa Girón Nava
__________________________
ELSA GIRÓN NAVA
Assistant Attorney General
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