ACCEPTED
03-15-00113-CV
5811235
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/24/2015 3:57:03 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00113-CV
In the Court of Appeals 3rd COURT FILED IN
OF APPEALS
AUSTIN, TEXAS
for the Third Judicial District 6/24/2015 3:57:03 PM
JEFFREY D. KYLE
Austin, Texas Clerk
EMC CORPORATION,
Appellant,
v.
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF
TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS,
Appellees.
On Appeal from the 353rd Judicial District Court,
Travis County, Texas
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME
TO FILE APPELLEES’ BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),
Appellees Glenn Hegar, Comptroller of Public Accounts of the State of Texas,
and Ken Paxton, Attorney General of the State of Texas, move to extend the
time to file the appellees’ brief by 7 days, from the current deadline of July 1,
2015, to a proposed new deadline of July 8, 2015.
I.
The clerk’s record was filed on April 22, 2015, setting the initial deadline
for the appellant’s brief on May 22, 2015. Appellant timely filed its brief on
April 30, 2015.
II.
Appellees’ brief was initially due on June 1, 2015. The Court granted
appellees’ unopposed motion for a 30-day extension, creating a new deadline of
July 1, 2015.
III.
Appellees now request a second, 7-day extension of the time to file their
brief, which would create a new deadline of July 8, 2015.
IV.
This extension is necessary because, during the current period for
preparing appellees’ brief, appellees’ lead counsel is also responsible for
drafting the cross-appellees’ brief in the statewide school-finance litigation,
Williams v. Tex. Taxpayer & Student Fairness Coal., No. 14-0776 (Tex.) (due
July 2, 2015). This extension is not sought for delay, and no party will be
prejudiced if it is granted.
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V.
Appellant does not oppose this extension motion.
PRAYER
Appellees Glenn Hegar, Comptroller of Public Accounts of the State of
Texas, and Ken Paxton, Attorney General of the State of Texas, respectfully
request that the Court grant this motion and extend the deadline for filing
appellees’ brief to July 8, 2015.
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Respectfully submitted.
KEN PAXTON SCOTT A. KELLER
Attorney General of Texas Solicitor General
CHARLES E. ROY /s/ Rance Craft
First Assistant Attorney RANCE CRAFT
General Assistant Solicitor General
State Bar No. 24035655
JAMES E. DAVIS
Deputy Attorney General for CHARLES K. ELDRED
Civil Litigation Assistant Attorney General
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
(512) 936-2872
(512) 474-2697 [fax]
rance.craft@texasattorneygeneral.gov
Counsel for Appellees
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CERTIFICATE OF CONFERENCE
I conferred with Doug Sigel, lead counsel for appellant, regarding the
foregoing motion. He advised that his client does not oppose the motion.
/s/ Rance Craft
Rance Craft
CERTIFICATE OF SERVICE
On June 24, 2015, this Unopposed Second Motion for Extension of
Time to File Appellees’ Brief was served by File & Serve Xpress on:
Doug Sigel
RYAN LAW FIRM, LLP
100 Congress Avenue, Suite 950
Austin, Texas 78701
doug.sigel@ryanlawllp.com
Lead Counsel for Appellant
EMC Corporation
/s/ Rance Craft
Rance Craft
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