ACCEPTED
03-15-00363-CV
6936212
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/15/2015 3:20:05 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
9/15/2015 3:20:05 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 THIRD 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 Third 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. This motion is timely
filed. See Tex. R. App. P. 38.6(d). Appellant has conferred with counsel for
Appellee, and this third 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 was due on
September 1, 2015. It is being filed today, along with this motion for extension.
Counsel for DFPS had two deaths in her family, one requiring the first
motion for extension and the second requiring the second motion for extension.
Counsel is back at work and completed this brief for filing as expeditiously as
she was able.
This is the Department’s third motion to extend the deadline, and the
request is not sought for purposes of delay but to see that justice is done. The
Brief is being filed simultaneously with this Motion.
For these reasons, Appellant respectfully requests that this Court grant this
Page 2 of 4
Cause No. 03-15-00363-CV
Appellant’s Agreed Third Motion to Extend Time to File Brief
15-day extension of time to file its brief, to be due today, on September 15,
2015.
SIGNED this 15th day of September, 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
/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.
Page 3 of 4
Cause No. 03-15-00363-CV
Appellant’s Agreed Third Motion to Extend Time to File Brief
/s/ Pat Tulinski
Pat Tulinski
CERTIFICATE OF SERVICE
I certify that, on September 15, 2015, a true and correct copy of the
Appellant’s Agreed Third Motion to Extend Time to File Brief was transmitted by
electronic filing and e-mail on the 15th day of September, 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 Third Motion to Extend Time to File Brief