ACCEPTED
03-16-00770-CV
21591822
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/3/2018 5:31 PM
JEFFREY D. KYLE
CLERK
NO. 03-16-00770-CV
_____________________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS 1/3/2018 5:31:14 PM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
_____________________________________________________________
JAGUAR LAND ROVER NORTH AMERICA, LLC,
Appellant,
v.
BOARD OF THE TEXAS DEPARTMENT OF MOTOR VECHICLES; MR.
RAYMOND PALACIOS, JR., IN HIS OFFICIAL CAPACITY AS CHAIRMAN
OF THE BOARD OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES;
AND AUTOBAHN IMPORTS, LP, d/b/a LAND ROVER OF FORT WORTH,
Appellees.
_____________________________________________________________
Direct Appeal from the Motor Vehicle Division
of the Texas Department of Motor Vehicles
MVD Cause No. 14-0016 LIC
_____________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
MOTION FOR REHEARING OR EN BANC RECONSIDERATION
__________________________________________________________________
Appellant Jaguar Land Rover North America (“JLRNA”), in accordance
with Texas Rules of Appellate Procedure 2, 10.5(b), and 49.8, respectfully requests
a ten-day extension on the time for it to file a motion for rehearing or en banc
reconsideration of the court’s judgment of December 21, 2017. Appellees are
unopposed to this motion.
This Court rendered its judgment in this case, affirming in part and
dismissing in part, through a memorandum opinion dated December 21, 2017.
Appellant currently has until January 5, 2018 to file a motion for rehearing or a
motion for en banc reconsideration. See Tex. R. App. P. 49.1, 49.7.
Due to the holidays, Appellant requires additional time to fully assess the
Court’s order and prepare a motion for rehearing or a motion for en banc
reconsideration by the current deadline. Appellant respectfully requests an
extension of ten days to allow adequate time to prepare and file one of these
motions should it choose to do so. This extension would run to January 15, 2018.
This is the Appellants’ first request for an extension of time regarding either
motion. This request is not sought for delay, but in order that justice may be done
and in order that the parties may properly review the record and adequately address
the relevant questions at issue. No party will be harmed if this request for extension
of time is granted; indeed, all parties are in agreement in seeking this extension.
All facts recited in this motion are either in the record or within the personal
knowledge of the attorney signing this motion, therefore no verification is
necessary under Rule 10.2 of the Texas Rules of Appellate Procedure.
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PRAYER
Appellant respectfully requests that this Court grant Appellant’s unopposed
motion for a ten-day extension of time for it to file a motion for rehearing or en
banc reconsideration of the court’s judgment.
Dated: January 3, 2018
Respectfully submitted,
/s/ Blayne Thompson
Aaron R. Crane
State Bar No. 24050459
aaron.crane@hoganlovells.com
Blayne Thompson
State Bar No. 24088525
blayne.thompson@hoganlovells.com
HOGAN LOVELLS US LLP
609 Main Street, Suite 4200
Houston, Texas 77002
Tel: (713) 632-1400
Fax: (713) 632-1401
Attorneys for Appellant Jaguar Land Rover
North America, LLC
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CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellees regarding this motion on
January 3, 2018 and Appellees are not opposed to this motion.
/s/ Blayne Thompson
Blayne Thompson
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CERTIFICATE OF SERVICE
I certify that a true copy of the above was served by e-service and/or e-mail
on January 3, 2018 on the following attorneys of record:
Matt Dow Sarah C. Wolfe
Dudley D. McCalla Assistant Attorney General
Jackson Walker L.L.P. Administrative Law Division
100 Congress Ave., Suite 1100 Office of the Attorney General of Texas
Austin, Texas 78701 P.O. Box 12548, Capitol Station
Tel. (512) 236-2071 Austin, Texas 78711-2548
Fax (512) 691-4435 Sarah.Wolfe@oag.texas.gov
mdow@jw.com
dmccalla@jw.com Attorney for Appellees Board of the
Texas Department of Motor Vehicles
Richard W. Wiseman and Mr. Raymond Palacios, Jr., in His
Padfield & Stout, LLP Official Capacity
421 W. Third Street, Suite 910
Fort Worth, Texas 76102
Tel. (817) 338-1616
Fax (817) 338-1610
rwiseman@livepad.com
Attorneys for Appellee Autobahn
Imports, LP
/s/ Blayne Thompson
Blayne Thompson
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