Cantu Enterprises, LLC v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

ACCEPTED
03-15-00516-CV
7525114
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/23/2015 5:16:25 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00516-CV
__________________________________________________________________
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS
For the Third Judicial District 10/23/2015 5:16:25 PM
Austin, Texas JEFFREY D. KYLE
Clerk
__________________________________________________________________

CANTU ENTERPRISES, LLC

Appellant,

v.
GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF
THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY
GENERAL OF THE STATE OF TEXAS

Appellees.
__________________________________________________________________

ON APPEAL FROM THE 353RD DISTRICT COURT, TRAVIS COUNTY, TEXAS
TRIAL COURT CAUSE NO. D-1-GN-13-004369
__________________________________________________________________

APPELLANT’S SECOND UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF
__________________________________________________________________

RYAN LAW FIRM, LLP
Doug Sigel
Texas Bar No. 18347650
100 Congress Avenue, Suite 950
Austin, Texas 78701
Telephone: (512) 459-6600
Facsimile: (512) 459-6601

Counsel for Cantu Enterprises, LLC
TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellant, Cantu

Enterprises, LLC (“Cantu”) files this Second Unopposed Motion for Extension of

Time to File Appellant’s Brief.

The Appellant’s Brief is currently due on November 12, 2015.

Counsel for Cantu requests a 30-day extension of time to file the Appellant’s

Brief, making the brief due on December 14, 2015. This is the second request for

extension of time to file the Appellant’s Brief.

Counsel for Appellant relies on the following reasons, in addition to the

routine matters that counsel must attend to in daily practice, to explain the need for

the requested extension:

• The undersigned counsel will be traveling out-of-state to attend and speak

at a conference for the National Association of State Bar Tax Sections from October

29, 2015 through October 31, 2015.

• The undersigned counsel is preparing a post-hearing brief for the case styled

J. Edwards Jewelry Distributing, L.L.C. v. Texas Comptroller of Public Accounts;

SOAH Docket No. 111,708; before the State Office of Administrative Hearings,

which is due to be filed on November 2, 2015. A post-hearing reply brief is also due

to be filed on November 10, 2015.

APPELLANT’S SECOND UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF PAGE 2
 • The undersigned counsel is preparing for a hearing on multiple motions in

the case styled Alamo National Building Management, LP v. Glenn Hegar,

Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney

General of The State of Texas; Cause No. D-1-GN-15-000802; in the 126th Judicial

District Court of Travis County, Texas, scheduled for November 10, 2015.

• The undersigned counsel is preparing for oral argument in Glenn Hegar,

Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney

General of the State of Texas v. CheckFree Services Corporation, Case No. 14-15-

00027-CV, in the Fourteenth Court of Appeals, scheduled to be held on November

12, 2015.

• The undersigned counsel is preparing an Appellant’s Reply Brief in Duke

Realty Limited Partnership and Huffmeister Development v. Harris County

Appraisal District, No. 14-15-00543-CV, in the Fourteenth Court of Appeals, which

is expected to be due to be filed on November 16, 2015.

Counsel for Appellant seeks this extension of time to be able to prepare a

cogent and succinct brief to aid this Court in its analysis of the issues presented.

Given the other time commitments imposed on counsel, it will not be possible to

prepare the Appellant’s Brief by November 12, 2015. This request is not sought for

delay but so that justice may be done.

APPELLANT’S SECOND UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF PAGE 3
 The undersigned has conferred with Shannon Ryman, counsel for the

Appellees, and she has indicated that she 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 Texas Rule

of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, Appellant requests that this Court grant this

Second Unopposed Motion for Extension of Time to File Appellant’s Brief and

extend the deadline for filing the Appellant’s Brief up to and including December

14, 2015. Appellant requests all other relief to which it may be entitled.

Respectfully submitted,

/s/ Doug Sigel
Doug Sigel
Texas Bar No. 18347650
Doug.Sigel@RyanLawLLP.com
RYAN LAW FIRM, LLP
100 Congress Avenue, Suite 950
Austin, Texas 78701
Telephone: (512) 459-6600
Facsimile: (512) 459-6601

Counsel for Cantu Enterprises, LLC

APPELLANT’S SECOND UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF PAGE 4
 CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred
with opposing counsel, Shannon Ryman, on October 22, 2015, and Ms. Ryman is
not opposed to this motion.

/s/ Doug Sigel
Doug Sigel

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Appellant’s Second Unopposed Motion
for Extension of Time to File Appellant’s Brief was served on Appellees, through
counsel of record, Shannon Ryman, Office of the Attorney General, Financial
Litigation, Tax & Charitable Trusts Division, William P. Clements Building, 300 W.
15th Street, 6th Floor, MC 017, Austin, Texas 78701, Shannon.Ryman@texas
attorneygeneral.gov by electronic mail and electronic service on October 23, 2015.

/s/ Doug Sigel
Doug Sigel

APPELLANT’S SECOND UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE APPELLANT’S BRIEF PAGE 5