ACCEPTED
03-15-00386-CV
7275545
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/7/2015 3:31:23 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00386-CV FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
10/7/2015 3:31:23 PM
JEFFREY D. KYLE
HARRIS COUNTY HOSPITAL DISTRICT, Clerk
Appellant,
v.
PUBLIC UTILITY COMMISSION OF TEXAS,
Appellee.
UNOPPOSED SECOND MOTION FOR
EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
Appellee, the Public Utility Commission of Texas, files this unopposed
motion to extend the time for filing appellee’s brief for fourteen days to
October 26, 2015.
1. The Appellee’s brief is due on October 12, 2015.
2. Appellee requests a 14-day extension to October 26, 2015.
3. The press of other business prevents counsel for Appellee from
preparing a brief that will be helpful to the Court by the current deadline.
After oral argument in this Court in Entergy Texas, Inc. v. Public Utility
Commission, No. 03-14-00735-CV, on September 23, 2015, counsel for the
Commission was busy with administrative duties that arose when the
division chief for the Environmental Protection Division resigned and a
new chief was appointed. In addition, counsel filed a motion for leave and
amicus brief on behalf of the State of Texas in the Fifth Circuit Court of
Appeals for the United States today in No. 15-20030, Environment Texas
Citizen Lobby, Incorporated; Sierra Club v. Exxon Mobil Corporation;
ExxonMobil Chemical Company; ExxonMobil Refining & Supply
Company.
4. This is the second request Appellee has made for an extension
of time to file appellee’s brief. The Court previously granted the
Commission’s first request for a 14-day extension from September 28, 2015
to October 12, 2015. Thus, this request and the first request together would
extend the time for the appellee’s brief by less than 30 days from the
original date the brief was due.
5. Counsel for Appellant Harris County Hospital District has been
contacted and does not oppose this second motion for extension of time to
file appellee’s brief.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
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JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
PRISCILLA M. HUBENAK
Division Chief
Environmental Protection Division
/s/ Elizabeth R. B. Sterling
Elizabeth R. B. Sterling
Assistant Attorney General
Texas State Bar No. 19171100
Environmental Protection Division
Office of the Attorney General
P.O. Box 12548, MC-066
Austin, Texas 78711-2548
512.463.2012
512.457-4616 FAX
Elizabeth.Sterling@texasattorneygeneral.gov
COUNSEL FOR PUBLIC UTILITY COMMISSION OF
TEXAS
Certificate of Conference
I have contacted counsel for Harris County Hospital District, the only
other party in this case. Appellant District does not oppose the motion.
/s/ Elizabeth R. B. Sterling
Elizabeth R. B. Sterling
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Certificate of Service
I hereby certify that on this the 7th day of October 2015, a true and
correct copy of the foregoing document was served on the following counsel
electronically, through an electronic filing service, with a copy by email:
Bruce S. Powers
Harris County Assistant County Attorney
1019 Congress, 15th Floor
Houston, Texas 77002
(713) 274-5144 (telephone)
(713) 755-8924 (facsimile)
bruce.powers@cao.hctx.net
ATTORNEYS FOR HARRIS COUNTY HOSPITAL DISTRICT
/s/ Elizabeth R. B. Sterling
Elizabeth R. B. Sterling
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