ACCEPTED
03-15-00363-CV
6142774
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/20/2015 4:13:25 PM
JEFFREY D. KYLE
CLERK
CASE NO. 03-15-00363-CV
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD JUDICIAL DISTRICT AT AUSTIN, TEXAS
7/20/2015 4:13:25 PM
JEFFREY D. KYLE
Clerk
TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,
Appellant,
v.
BRILLIANT STARTS LEARNING ACADEMY, L.L.C.
Appellee.
On Appeal from the 207TH District Court, Comal County, Texas;
Cause No. C2015-0676B; before the Honorable Dib Waldrup
APPELLANT’S AGREED SECOND MOTION
TO EXTEND TIME TO FILE BRIEF
KEN PAXTON Pat Tulinski
Attorney General of Texas State Bar No. 20283485
Assistant Attorney General
CHARLES E. ROY TEXAS ATTORNEY GENERAL’S OFFICE
First Assistant Attorney General P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
JAMES E. DAVIS Telephone: (512) 475-4170
Deputy Attorney General for Facsimile: (512) 320-0167
Civil Litigation pat.tulinski@texasattorneygeneral.gov
Attorneys for Appellant
DAVID A. TALBOT, JR.
Chief, Administrative Law Division
Page 1 of 4
Cause No. 03-15-00363-CV
Appellant’s Agreed Second Motion to Extend Time to File Brief
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF
APPEALS:
Now comes Appellant Texas Department of Family & Protective Services,
asking the Court to extend the time to file its brief in Cause Number 03-15-
00363-CV; Trial Court Cause Number C2015-0676B.
Appellant is the Texas Department of Family & Protective Services.
Appellee is Brilliant Starts Learning Academy, L.L.C. There is no specific
deadline to file this motion to extend. See Tex. R. App. P. 38.6(d). Appellant
has conferred with counsel for Appellee, and this second request for extension is
agreed or unopposed.
The Court has the authority under Texas Rule of Appellate Procedure
38.6(d) to extend the time to file a brief. The Department’s brief is presently
due on July 22, 2015. The Department requests an additional forty (40) days to
file its brief. If granted, the new due date will be September 1, 2015.
This extension is necessary because counsel for the Department has a
gravely ill family member out-of-state and in hospice care. Counsel is taking a
30-day leave of absence from the Office of the Texas Attorney General to travel
to New Jersey to help take care of her dying family member. The leave
commences before the Department’s brief is due and extends through and
beyond the present due date.
Page 2 of 4
Cause No. 03-15-00363-CV
Appellant’s Agreed Second Motion to Extend Time to File Brief
Counsel for the Department was the sole attorney present and participating
at the multi-day hearing on the Temporary Injunction, and she is uniquely
familiar with the facts and law involved in this case. There is no other attorney
prepared or equipped to handle this matter for the Department on the present
timeline. Further, the legal and factual issues are moderately complex and
require sufficient time to address them properly.
This is the Department’s second motion to extend the deadline, and the
request is not sought for purposes of delay but to see that justice is done.
For these reasons, Appellant respectfully requests that this Court grant this
40-day extension of time to file its brief, to be due on September 1, 2015.
SIGNED this 20th day of July, 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
DAVID A. TALBOT, JR.
Chief, Administrative Law Division
Page 3 of 4
Cause No. 03-15-00363-CV
Appellant’s Agreed Second Motion to Extend Time to File Brief
/s/ Pat Tulinski
Pat Tulinski
TBN 20283485
Assistant Texas Attorney General
Administrative Law Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4170
Facsimile: (512) 320-0167
pat.tulinski@texasattorneygeneral.gov
CERTIFICATE OF CONFERENCE
Pursuant to TRAP 10.1(a)(5), counsel for Appellant conferred with counsel
for Appellee and obtained consent to file this motion as agreed or unopposed.
/s/ Pat Tulinski
Pat Tulinski
CERTIFICATE OF SERVICE
I certify that, on July 20, 2015, a true and correct copy of the Appellant’s
Agreed Second Motion to Extend Time to File Brief was transmitted by electronic
filing and e-mail on the 20th day of July, 2015 to the party of record as shown
below:
Brilliant Starts Learning Gregory B. Cagle
Academy, L.L.C. Regional Attorney
Appellee Texas Municipal Police Association
1602B State St.
Houston, TX 77007
Telephone: (713) 489-4789
Facsimile: (713) 489-4792
gcagle@tmpalawyer.com
/s/ Pat Tulinski
Pat Tulinski
Page 4 of 4
Cause No. 03-15-00363-CV
Appellant’s Agreed Second Motion to Extend Time to File Brief