FILED
14-0797
5/7/2015 10:40:07 AM
tex-5188684
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK
NO. 14-0797
IN THE
SUPREME COURT OF TEXAS
IN RE STEVEN C. PHILLIPS,
RELATOR.
ON PETITION FOR WRIT OF MANDAMUS TO
THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
RESPONDENT’S UNOPPOSED MOTION FOR 14-DAY EXTENSION TO FILE
BRIEF ON THE MERITS
TO THE HONORABLE SUPREME COURT OF TEXAS:
COMES NOW, Respondent Glenn Hegar, Comptroller of Public
Accounts of the State of Texas, and files this Unopposed Motion for 15-Day
Extension within which to file the Comptroller’s Brief on the Merits.
A. FACTS SUPPORTING EXTENSION
1. Petitioner is Steven C. Phillips (“Phillips”). Respondent is Glenn
Hegar, Comptroller of Public Accounts of the State of Texas
(“Comptroller”).
2. The present deadline for the Comptroller’s Brief is May 11, 2015.
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3. The Comptroller respectfully requests a 15-day extension of time.
4. Relator Phillips is unopposed to the extension of time sought in this
motion.
5. If extended by 15 days, the applicable deadline would be May 26, 2015
(the Tuesday following Memorial Day, which is May 25, 2015).
B. ARGUMENT & AUTHORITIES
6. The Court has the authority to grant extensions under Texas Rules of
Appellate Procedure 10.5(b) and 55.7.
7. Comptroller has not sought any extension for this filing previously and
seeks an extension due to lead counsel’s unanticipated absences from
the office since the filing of Relator’s brief and the departure of prior
co-counsel, necessitating a substitution of co-counsel.
8. This extension is not being sought for purposes of delay but rather so
that justice is done and so that this Court may be fully apprised of the
issues before it in this case.
C. PRAYER
For these reasons, the Comptroller requests an additional 15 days
within which to file his Brief.
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Respectfully submitted,
KEN PAXTON
Attorney General
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Defense
Litigation
ROBERT O’KEEFE
Division Chief
Financial Litigation, Tax, and
Charitable Trusts Division
/s/ Lesli G. Ginn
LESLI GATTIS GINN
State Bar No. 24050664
Deputy Division Chief
JENNIFER S. JACKSON
State Bar No. 24060004
Assistant Attorney General
Financial Litigation, Tax, and
Charitable Trusts Division
P.O. Box 12548
Austin, Texas 78711-2548
Telephone: (512) 936-0538
Telecopier: (512) 477-2348
Lesli.Ginn@texasattorneygeneral.gov
Jennifer.Jackson@texasattorneygeneral
.gov
Counsel for Respondent Glenn Hegar,
Comptroller of Public Accounts of the
State of Texas
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CERTIFICATE OF CONFERENCE
I hereby certify that I have conferred with Matthew Wymer, counsel for
Relator Phillips, and that he is not opposed to the foregoing motion.
/s/ Lesli G. Ginn
LESLI GATTIS GINN
CERTIFICATE OF SERVICE
I hereby certify that on this 7th of May, 2014, a true and correct copy
of the foregoing Respondent’s Unopposed Motion for 15-Day Extension
to File Brief on the Merits was served on the following attorneys of record,
via eFileTexas.gov service and/or as otherwise indicated below:
Matthew Wymer mwymer@bmpllp.com
Marisa Resendez mresendez@bmpllp.com
Beirne, Maynard & Parsons LLP
112 E. Pecan, Suite 2750
San Antonio, Texas 78205
Counsel for Relator
/s/ Lesli G. Ginn
LESLI GATTIS GINN
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