Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Autohaus LP, LLP

ACCEPTED
03-15-00427-CV
8040048
THIRD COURT OF APPEALS
AUSTIN, TEXAS
12/1/2015 4:18:00 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00427-CV
____________________________________________________
FILED IN
3rd COURT OF APPEALS
In the Court of Appeals AUSTIN, TEXAS

for the Third Judicial District 12/1/2015 4:18:00 PM
JEFFREY D. KYLE
Austin, Texas Clerk

____________________________________________________

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

v.

AUTOHAUS LP, LLP,
Appellee.
____________________________________________________

On Appeal from the 419th Judicial District Court
Travis County, Texas
____________________________________________________

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME
TO FILE APPELLANTS’ BRIEF
____________________________________________________

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 36.8(d),

Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas,

and Ken Paxton, Attorney General of the State of Texas (hereinafter collectively

“Appellants”), move to extend the time to file the appellants’ brief, by ten (10)

days, from the current deadline of Friday, December 4, 2015, to a proposed new

deadline of Monday, December 14, 2015.
 I.

Appellants have received one prior 30-day extension of time to file their

brief.

II.

The Appellants’ brief is currently due December 4, 2015. Appellants seek

an additional 10 days to file their brief, which would extend the deadline to

December 14, 2015.

III.

This extension is necessary because during the current 30-day period for

preparing appellants’ brief, Appellants’ counsel has been responsible for:

(1) overseeing production of documents on November 5, 2015 in
response to a third-party subpoena in Cantilo v. Bennett, LLP., Special
Deputy Receiver of Santa Fe Auto Insurance Co. v. Bailey, Crow,
Kulger & Arnold, LLP, et. al., No. D-1-GN-15-000799, in the 98th
Judicial District of Travis County, Texas;

(2) assisting counsel for the State of Texas in City of Austin v. Travis
Central Appraisal District, et al., No. D-1-GN-15-003492, pending in
the 126th Judicial District of Travis County, Texas, and attending a
hearing on the same on November 6, 2015;

(3) assisting with the preparation of oral argument in Glenn Hegar,
Comptroller of Public Accounts and Ken Paxton, Texas Attorney
General v. CheckFree Services Corporation, No. 14-15-00027-CV,
pending in the Fourteenth Court of Appeals (argued by Quinn Ryan
on November 12, 2015); and

(4) representing a state agency from whom documents were requested in
a federal grand jury subpoena (further details omitted due to federal
confidentiality requirements).
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 Additionally, in requesting her first extension, Appellants’ counsel failed to

consider both the upcoming Veteran’s Day and Thanksgiving Day holidays.

Appellants’ counsel’s office was closed all day Wednesday, November 11, 2015,

and from noon Wednesday, November 25, 2015, through Sunday,

November 29, 2015. Additionally, Appellants’ counsel was sick and out of the

office for part of the day Tuesday, November 24, 2015, and also out of the office

part of the day Monday, November 30, 2015.

This request is not made for delay, but to ensure that the issues in this appeal

are properly presented to this Court.

IV.

Appellee does not oppose this motion for extension of time.

CONCLUSION

For the foregoing reasons, Appellants Glenn Hegar, Comptroller of Public

Accounts for the State of Texas, and Ken Paxton, Attorney General for the State of

Texas, respectfully request that the Court grant this motion and extend the deadline

for filing Appellants’ brief to Monday, December 14, 2015.

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 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/ Cynthia A. Morales
CYNTHIA A. MORALES
Assistant Attorney General
Financial Litigation and Charitable Trusts Division
State Bar No. 14417420
P.O. Box 12548
Austin, Texas 78711-2548
Telephone: (512) 475-4470
Telecopier: (512) 477-2348
cynthia.morales@texasattorneygeneral.gov

Counsel for Appellants Glenn Hegar, Comptroller
of Public Accounts of the State of Texas, and Ken
Paxton, Attorney General of the State of Texas

CERTIFICATE OF CONFERENCE
I certify that I conferred with Counsel for Appellee, David Colmenero,
regarding the foregoing motion, and he advised that Appellee is not opposed to the
foregoing motion.

/s/ Cynthia A. Morales
CYNTHIA A. MORALES
Assistant Attorney General

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 CERTIFICATE OF SERVICE
On December 1, 2015, this Unopposed Second Motion for Extension of Time
to File Appellants’ Brief was served electronically through the electronic filing
manager and/or via email as shown below:
David E. Colmenero/Alex Pilawski
MEADOWS, COLLIER, REED, COUSINS,
CROUCH & UNGERMAN, L.L.P.
dcolmenero@meadowscollier.com

/s/ Cynthia A. Morales
CYNTHIA A. MORALES
Assistant Attorney General

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