ACCEPTED
03-16-00704-CV
13801052
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/15/2016 1:57:10 PM
JEFFREY D. KYLE
CLERK
NO. 03-16-00704-CV
_______________________________________________
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
THIRD JUDICIAL DISTRICT OF TEXAS AUSTIN, TEXAS
11/15/2016 1:57:10 PM
AT AUSTIN
JEFFREY D. KYLE
_______________________________________________ Clerk
OGCI Training, Inc.,
Appellant
v.
Glenn Hegar, Comptroller of Public Accounts of the State of Texas;
and Ken Paxton, Attorney General of the State of Texas,
Appellees.
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT
CAUSE NO. D-1-GN-14-005375, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING
UNOPPOSED, FIRST MOTION FOR
EXTENSION OF TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant OGCI Training, Inc., moves pursuant to Rules 10.5(b) and
38.6(d) of the Texas Rules of Appellate Procedure, asking that this Court
grant a 45-day extension of time for filing its Appellant’s Brief from
November 30, 2016 to January 17, 2017. This Motion is UNOPPOSED by
Appellants Glenn Hegar, Comptroller of Public Accounts of the State of
Texas, and Ken Paxton, Attorney General of the State of Texas.
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I. INTRODUCTION
1. Appellant is OGCI Training, Inc. (“Appellant”).
2. Appellees are Glenn Hegar, Comptroller of Public Accounts of
the State of Texas, and Ken Paxton, Attorney General of the State of Texas
(“Appellees”).
3. No rule provides a deadline to file this Motion to Extend. See
Tex. R. App. P. 38.6(d).
II. ARGUMENT & AUTHORITIES
4. The Court has authority under Texas Rule of Appellate
Procedure 38.6(d) to extend the time to file Appellant’s Brief. This Motion
is filed in accordance with Texas Rule of Appellate Procedure 10.5(b)(1).
5. Appellant’s Brief is currently due on Wednesday, November 30,
2016.
6. After filing the Notice of Appeal in this matter, two events
delayed the preparation of Appellant’s Brief: (a) the need for a supplemental
record to be filed, and (b) settlement discussions between the parties, which
overlapped the substitution of new counsel for Appellees, and were
ultimately not successful. Additionally, all counsel for Appellant have had
several pending deadlines and professional obligations during this period,
which have prevented completion of Appellant’s Brief by November 30.
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7. From the current deadline onward, Appellants request an
unopposed 45-day extension due to the pending holidays and other
deadlines, including:
a. offices will be closed for Thanksgiving on November
24-25, and will include out-of-town travel by counsel Kelli Todd on
November 22-25;
b. counsel Amanda Taylor currently has an Appellees’ Brief
due in this Court on December 2, subject to possible extension (Cause No.
03-16-00131-CV);
c. counsel Amanda Taylor is specially set for trial in Travis
County District Court on December 19-22, including a series of pretrial
deadlines in the weeks preceding that setting (Cause No.
D-1-FM-15-005879);
d. offices will be closed for the winter holidays on December
23, 26, and January 2, and will include out-of-town travel by counsel
Amanda Taylor on December 24-29; and
e. counsel Jimmy Martens has several speaking
engagements during the relevant period, including the UT Annual Taxation
Conference on November 30-December 1, a tax seminar in Albuquerque on
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December 7-9, and the Houston CPA Society Annual Tax Expo on January
9, 2017.
8. Appellant therefore requests a 45-day extension of its
brief-filing deadline. The 45th day would end on Saturday, January 14,
2017, and the next Monday, January 16, is a Court holiday (Martin Luther
King Day). Therefore Appellant requests the deadline to file its Brief be
moved to Tuesday, January 17, 2017.
9. The requested extension of Appellant’s Brief deadline will not
prejudice any party.
10. No extensions of time have previously been requested by or
granted to Appellant regarding its Brief.
11. The $10.00 filing fee has been submitted in connection with this
Motion.
III. PRAYER
For these reasons, Appellant respectfully prays, without any
opposition of Appellees, that this Court grant an extension of time to file
Appellee’s Brief from November 30, 2016 to January 17, 2017, which is 45
days from the current deadline.
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Respectfully submitted,
MARTENS, TODD, LEONARD, TAYLOR & AHLRICH
By: /s/ Amanda G. Taylor
James F. Martens
Texas Bar No. 13050720
jmartens@textaxlaw.com
Kelli H. Todd
Texas Bar No. 24042046
ktodd@textaxlaw.com
Amanda G. Taylor
Texas Bar No. 24045921
ataylor@textaxlaw.com
301 Congress Ave., Ste.1950
Austin, TX 78701
(512) 542-9898 – Telephone
ATTORNEYS FOR APPELLANT
OGCI TRAINING, INC.
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify
that counsel for Appellant made a reasonable attempt to confer with all
counsel about the merits of this Motion. Jack Hohengarten, counsel for
Appellees, is unopposed to the relief requested herein.
/s/ Amanda G. Taylor
Amanda G. Taylor
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing
Unopposed Motion for Extension of Time has been electronically filed and
served on counsel below on November 15, 2016. See Tex. R. App. P.
9.2(c)(1), 9.5(b)(1).
Jack Hohengarten
300 West 15th Street, 6th Floor
Austin, Texas 78701
jack.hohengarten@oag.texas.gov
Counsel for Appellees Glenn Hegar, Texas Comptroller of Public
Accounts; and Ken Paxton, Attorney General of the State of Texas
/s/ Amanda G. Taylor
Amanda G. Taylor
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