ACCEPTED
03-15-00341-CV
7416715
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/16/2015 3:23:56 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00341-CV
____________________________________________________
FILED IN
In the Third Court of Appeals 3rd COURT OF APPEALS
AUSTIN, TEXAS
Austin, Texas 10/16/2015 3:23:56 PM
____________________________________________________
JEFFREY D. KYLE
Clerk
Antioch St. Johns Cemetery Company d/b/a American
Memorial Park, Grand Prairie, Texas; Gerald Weatherall; and
Beverly Randall-Weatherall,
Appellants,
v.
Texas Department of Banking Commissioner,
Appellee.
___________________________________________________
On Appeal from the 261st Judicial District Court, Travis County Texas
Trial Court Case No. D-1-GN-14-000367
____________________________________________________
Unopposed Motion to Extend Time to File Appellee’s Brief
____________________________________________________
KEN PAXTON
Attorney General of Texas ANN HARTLEY
Attorney in Charge
CHARLES E. ROY State Bar No. 09157700
First Assistant Attorney General Office of the Attorney General
Financial Litigation and
JAMES E. DAVIS Charitable Trusts Division
Deputy Attorney General for Civil PO Box 12548, MC 017
Litigation Austin, TX 78711-2548
Tel: (512) 936-1313
LESLI G. GINN Fax: (512) 477-2348
Division Chief , ann.hartley@texasattorneygeneral.gov
Financial Litigation and
Charitable Trusts Division COUNSEL FOR APPELLEE
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 10.1 and 38.6(d), the Appellee, the
Texas Department of Banking Commissioner, files this Unopposed
Motion to Extend Time to File Appellee’s Brief.
Appellee’s brief is due on November 6, 2015.
Counsel for Appellee requests a 31-day extension of time to file its
brief, making the brief due on Monday, December 7, 2015. This is the
first request for extension of time to file the opening brief.
Appellee needs additional time to file its brief because of the press
of business due to multiple case-related deadlines.
The undersigned has conferred with Appellants’ counsel, and he
does not oppose this motion.
All facts recited in this motion are within the personal knowledge
of the counsel signing this motion, therefore no verification is necessary
under Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellee requests that this
Court grant this Unopposed Motion to Extend Time to File Appellee’s
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Brief and extend the deadline for filing Appellee’s Brief up to and
including December 7, 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
LESLI G. GINN
Division Chief, Financial Litigation and
Charitable Trusts Division
/s/ Ann Hartley
ANN HARTLEY
Lead Attorney
State Bar No. 09157700
Financial Litigation and
Charitable Trusts Division
P.O. Box 12548, MC 017
Austin, TX 78711-2548
Telephone: (512) 936-1313
Facsímile: (512) 477-2348
ann.hartley@texasattorneygeneral.gov
Counsel for Appellee
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CERTIFICATE OF CONFERENCE
The undersigned has conferred with Appellants’ counsel, and
he does not oppose this motion.
/s/ Ann Hartley
ANN HARTLEY
Assistant Attorney General
Counsel for Appellant
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Unopposed Motion to
Extend Time to File Appellee’s Brief was sent by electronic
service this 16th day of October, 2015, to counsel for Appellants, as
follows:
Kevin S. Wiley, Jr.
LAW OFFICES OF KEVIN S. WILEY, JR.
325 N. St. Paul St., Ste. 4400
Dallas, Texas 75201
kevinwiley@lkswjr.com
Counsel for Appellants
/s/ Ann Hartley
ANN HARTLEY
Assistant Attorney General
Counsel for Appellant
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