ACCEPTED
03-15-00428-CV
7538555
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/26/2015 1:58:11 PM
JEFFREY D. KYLE
CLERK
No. 03‐15‐00428‐CV
IN THE COURT OF APPEALS
FILED IN
3rd COURT OF APPEALS
FOR THE THIRD JUDICIAL DISTRICT OF TEXAS AT Austin
AUSTIN, TEXAS
10/26/2015 1:58:11 PM
BERNARD MORELLO, JEFFREY D. KYLE
Clerk
Appellant,
V.
STATE OF TEXAS,
Appellee.
On Appeal from the 353RD Judicial District Court of Travis County, Texas
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE’S RESPONSE BRIEF
KEN PAXTON CRAIG J. PRITZLAFF
Attorney General of Texas Assistant Attorney General
State Bar No. 24046658
CHARLES E. ROY craig.pritzlaff@texasattorneygeneral.gov
First Assistant Attorney General
LINDA B. SECORD
JAMES E. DAVIS Assistant Attorney General
Deputy Attorney General State Bar No. 17973400
for Civil Litigation linda.secord@texasattorneygeneral.gov
PRISCILLA M. HUBENAK
Environmental Protection Division
Chief, Environmental Protection
P.O. Box 12548, MC‐066
Division
Austin, Texas 78711‐2548
Tel: (512) 463‐2012
Fax: (512) 320‐0911
ATTORNEYS FOR THE
STATE OF TEXAS
October 26, 2015
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLEE’S RESPONSE BRIEF
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Tex. R. App. P. §§ 10.5(b) and 38.6(d), Appellee the State of
Texas files this first unopposed motion to extend time, and respectfully requests a
31-day extension, until and through Monday, December 7, 2015, to file its Response
Brief.
1. The current deadline for filing Appellee’s Response Brief is Friday,
November 6, 2015.
2. Appellee requests a 31-day extension, until Monday, December 7,
2015.
3. No previous extensions have been granted for this brief.
4. An extension until December 7, 2015, is not opposed by Appellant.
5. This motion is requested because Assistant Attorneys General Craig
Pritzlaff and Linda Secord have been and will continue to be heavily occupied in the
next several weeks with hearings and briefings on a matter pending in Travis County,
State of Texas v. Chambers-Liberty Counties Navigation District et al., cause no. D-
1-GN-15-003093, and a parallel proceeding filed in Chambers County, Sustainable
Texas Oyster Resource Management, LLC, v. Texas Parks & Wildlife Dept. et al.,
cause no CV29629. Furthermore, Mr. Pritzlaff will be out of state November 5-8,
2015.
6. The Court has previously granted the Appellant’s unopposed motion
for extension to file their Appellant’s Brief.
7. Appellee files this Motion not for the purpose of delay, but so that
justice may be done.
PRAYER
For the reasons stated above, Appellee the State of Texas prays that the Court
grant a 31-day extension, until Monday, December 7, 2015, to file its Response
Brief.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
PRISCILLA M. HUBENAK
Chief, Environmental Protection Division
/s/ Craig J. Pritzlaff___________
CRAIG J. PRITZLAFF
Assistant Attorney General
State Bar No. 24046658
Craig.Pritzlaff@texasattorneygeneral.gov
LINDA B. SECORD
Assistant Attorney General
State Bar No. 17973400
Linda.Secord@texasattorneygeneral.gov
Office of the Attorney General
Environmental Protection Division
P.O. Box 12548, MC-066
Austin, Texas 78711-2548
Telephone: (512) 463-2012
Fax: (512) 320-0911
ATTORNEYS FOR THE STATE OF TEXAS
CERTIFICATE OF CONFERENCE
Pursuant to Tex. R. App. P. 10.1(a)(5), on October 21, 2015, I, Craig Pritzlaff,
counsel for the Appellee, State of Texas, conferred with James Juranek, counsel for
Appellant, Bernard Morello, and Mr. Juranek informed me that he is not opposed to
this request for an extension of time.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document
was served by electronic service and email on the following attorneys of record
on October 26, 2015.
James Juranek Keith W. Lapeze
Juranek Law Firm, PLLC Lapeze & Johns, PLLC
111 N. Ennis 601 Sawyer Street, Suite 650
Houston, Texas 77003 Houston, Texas 77007
james@jjfirm.com keith@lapezejohns.com
/s/ Craig J. Pritzlaff
CRAIG J. PRITZLAFF