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
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
Combined Opinion