Auspro Enterprises, LP v. Texas Department of Transportation ( 2015 )

ACCEPTED
03-14-00375-CV
3983511
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/2/2015 12:57:29 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00375-CV
In the Court of Appeals
FILED IN
for the Third Judicial District 3rd COURT OF APPEALS
AUSTIN, TEXAS
Austin, Texas 2/2/2015 12:57:29 PM
JEFFREY D. KYLE
Clerk
AUSPRO ENTERPRISES, LP,
Appellant,
v.
TEXAS DEPARTMENT OF TRANSPORTATION,
Appellee.
On Appeal from the
345th Judicial District Court of Travis County, Texas
UNOPPOSED SECOND MOTION TO EXTEND TIME
TO FILE APPELLEE’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellee Texas Department of Transportation (the “Department”)
moves to extend the time to file its Appellee’s Brief pursuant to Texas
Rules of Appellate Procedure 10.5(b) and 38.6(d).
I.
The Department’s brief is currently due February 9, 2015. The
Department seeks a 10-day extension, creating a new deadline of
February 19, 2015. The Department previously received one 30-day
extension for this filing. Appellant does not oppose this extension.
II.
The extension is not sought for delay, and no party will be
prejudiced if it is granted. Appellant AusPro Enterprises, LP received
three 30-day extensions on its Appellant’s Brief.
In addition to diligently preparing the brief in this appeal,
undersigned counsel has had substantial litigation commitments in other
cases, including: presenting oral argument on January 14, 2015, in this
Court, in Richard J. Malouf, DDS et al. v. The State of Texas ex rel. Dr.
Christine Ellis, DDS and Madelayne Castillo, No. 03-14-00036-CV;
assisting (in various cases) on the State’s response to the U.S. Supreme
Court’s decision in Holt v. Hobbs, No. 13-6827 (U.S. Jan. 20, 2015), see,
e.g., Ali v. Stephens, No. 14-41165 (appeal stayed pending decision in
Holt); and assisting in oral argument preparation in Ivy v. Michael
Williams, No. 14-50037 (5th Cir. oral argument scheduled Feb. 5, 2015).
The additional time requested will permit counsel to fully analyze the
record and relevant law in order to prepare thorough briefing, which
would aid the Court in its consideration of this appeal.
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III.
The Department respectfully requests that the Court grant a 10-
day extension for filing its brief, creating a new deadline of February 19,
2015.
Respectfully submitted.
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
SCOTT A. KELLER
Solicitor General
/s/ Douglas D. Geyser
DOUGLAS D. GEYSER
Assistant Solicitor General
State Bar No. 24059817
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
Tel.: (512) 936-2540
Fax: (512) 474-2697
douglas.geyser@texasattorneygeneral.gov
COUNSEL FOR APPELLEE TEXAS DEPARTMENT
OF TRANSPORTATION
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CERTIFICATE OF CONFERENCE
I certify that on February 2, 2015, I conferred with counsel for
Appellant regarding this motion, and counsel advised that Appellant
does not oppose the motion.
/s/ Douglas D. Geyser
Douglas D. Geyser
Counsel for Appellee
CERTIFICATE OF SERVICE
On February 2, 2015, this motion was served via File &
ServeXpress and/or e-mail on:
Meredith B. Parenti
PARENTI LAW PLLC
P.O. Box 19152
Houston, Texas 77224
[Tel] (281) 224-5848
[Fax] (281) 605-5677
meredith@parentilaw.com
/s/ Douglas D. Geyser
Douglas D. Geyser
Counsel for Appellee the State of Texas
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