Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

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ACCEPTED 03-15-00285-CV 6135579 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/20/2015 12:59:40 PM JEFFREY D. KYLE CLERK NO. 03-15-00285-CV ____________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 7/20/2015 12:59:40 PM ____________________________________________________ JEFFREY D. KYLE VOLKSWAGEN GROUP OF AMERICA, INC., and AUDI OF AMERICA, Clerk INC., Appellants, v. JOHN WALKER III, in his Official Capacity as Chairman of the Texas Department of Motor Vehicles Board, and the HONORABLE MICHAEL J. O’MALLEY, and the HONORABLE PENNY A. WILKOV, in their Official Capacities as Administrative Judges for the State Office of Administrative Hearings, Appellees. ____________________________________________________ On Appeal from the 353rd District Court, Travis County, Texas ___________________________________________________ JOHN WALKER, III’S FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF ____________________________________________________ KEN PAXTON DENNIS M. MCKINNEY Attorney General of Texas Assistant Attorney General State Bar No. 13719300 CHARLES E. ROY OFFICE OF THE TEXAS ATTORNEY First Assistant Attorney General GENERAL ADMINISTRATIVE LAW DIVISION JAMES E. DAVIS P.O. Box 12548 Deputy Attorney General for Austin, Texas 78711-2548 Civil Litigation Telephone: (512) 475-4020 Facsimile: (512) 320-0167 DAVID A. TALBOT, JR. dennis.mckinney@texasattorneygeneral. Chief, Administrative Law Division gov Attorneys for John Walker III TO THE HONORABLE JUSTICES OF THE COURT: Appellee John Walker III, in his official capacity as Chairman of the Texas Department of Motor Vehicles Board (“Walker”). Files this motion requesting this Court to extend the time for filing Appellee Walker’s brief by 14 days to August 14, 2015. 1. The current deadline for Walker to file his brief is July 31, 2015. 2. Appellee Walker is seeking an additional 14 days to and including August 14, 2015 to file his brief. 3. This is the first extension requested by Appellee Walker. Appellants were granted a 14 day extension, and Appellees O’Malley and Wilkov were also granting a 14 day extension to file their briefs. 4. Counsel for Walker had been preparing for and attended trial in Dallas, Texas on July 16, 2015 in Cause No. DC-15-07378, La Costena v. Texas Alcoholic Beverage Commission, 193rd District Court, Dallas County, which required dedication of most of counsel’s time and resources. 5. This extension is not being sought for purposes of delay, but rather to provide undersigned counsel the time to fully respond to Appellants’ Brief. Counsel for Appellees O’Malley and Wilkov, as well as counsel for both intervenors are unopposed. 2 CONCLUSION AND PRAYER For the foregoing reasons, Appellee Walker respectfully requests that this Motion be granted and that he be given until August 14, 2015 to file his brief in this case, and such other and further relief to which Appellee may be entitled. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation DAVID A. TALBOT, JR. Division Chief, Administrative Law Division /s/ Dennis M. McKinney Dennis M. McKinney Assistant Attorney General State Bar No. 13719300 OFFICE OF THE TEXAS ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P. O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-4020 Facsimile: (512) 320-0167 dennis.mckinney@texasattorneygeneral.gov Attorneys for Appellee Walker 3 CERTIFICATE OF CONFERENCE I hereby certify that counsel for Appellee Walker conferred with counsel for Appellees O’Malley and Wilkov, and counsel or all intervenors and was advised that they were unopposed to this motion. Counsel for Appellants advised the undersigned that they oppose this motion. /s/ Dennis M. McKinney Dennis M. McKinney Assistant Attorney General CERTIFICATE OF SERVICE I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of Appellate Procedure, a true and correct copy of the above and foregoing document has been served on the following on this the 20th day of July, 2015: Shawn Stephens James P. Sullivan 1100 Louisiana Suite 4000 Houston, Texas 77002 Sstephens@kslaw.com jsullivan@kslaw.com Fax 713-751-3290 Attorneys for Appellants Billy M. Donley Mark E. Smith 811 Main Street, Suite 1100 Houston, Texas 77002-6111 bdonley@bakerlaw.com mesmith@bakerlaw.com Fax 713-751-1717 Attorney for Appellants 4 Kimberly Fuchs Assistant Attorney General Texas Attorney General’s Office P.O. Box 12548 Austin, Texas 78711 kimberley.fuchs@texasattorneygeneral.gov Attorney for Defendants the Honorable Michael J. O’Malley and the Honorable Penny A. Wilkov, in their Official Capacities as Administrative Law Judges for the State Office of Administrative Hearings J. Bruce Bennett Cardwell, Hart & Bennett 807 Brazos Suite 1001 Austin, Texas 78701 jjb.chblaw@abcglobal.net Fax 512-322-0808 William R. Crocker 807 Brazos Suite 1014 Austin, Texas 78701 crockerlaw@earthlink.net Fax 512-474-2540 Attorneys for Appellees Ricardo M. Weitz, et al /s/ Dennis M. McKinney Dennis M. McKinney Assistant Attorney General 5