1 NO. 03

- 17

- 00597

- CV

_______________________________________________ IN THE COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS AT AUSTIN

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

v. Compass Directional Guidance, LLC , Appellee.

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE ’ S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS: Appellee Compass Directional Guidance, LLC (“ Compass ”) move s pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure, asking that this Court grant a 2- week extension of time for filing their Appell ee ’s Brief from December 18 , 2017 until December 29 , 2017

. This Motion is UNOPPOSED by Appella nts Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of
the State of Texas

. ACCEPTED 03-17-00597-CV 21265728 THIRD COURT OF APPEALS

AUSTIN, TEXAS 12/13/2017 1:03 PM JEFFREY D. KYLE

CLERK2 I

. INTRODCUTION
1. Appellants are Glenn Hegar, Comptroller of Public Accounts of the State of Texas; and Ken Paxton, Attorney Ge neral of the State of Texas

. 2. Appellee is Compass Directional Guidance, LLC

. II

. ARGUMENT & AUTHORITIES
5. Compass ’s b rief is currently due on Mon day , December 18 , 2017

. 6. Compass needs additional time to prepare this brief based on the following circumstances:

a. In the time period since the Comptroller’s Appellant’s
Brief was filed on November 28 , counsel Jimmy Martens , who play s an integral role in the preparation and editing of Compass’ s brief , ha s been required to devote time to other matters.
b. Mr. Martens : (1) was involved in a four

- day bench trial in Travis County District Court; (2) has traveled out

- of

- town for a client meeting ; (3) acted as the presiding officer at the UT Taxation Conference ; (4) has a deadline on December 15, 2017 to file a written closing and proposed judgment in Cause No. D

- 1

- GN

- 11

- 001514 , pending before the
353 rd District Court of Travis County ; and (5) has a Reply to the Position Letter due on December 28, 2017 , in Admini strative Hearing No. 113,9383 pending before the Administrative Hearings Division of the Comptroller of
the State of Texas

. b. Counsel Lacy Leonard , the lead trial lawyer on this matter who plays an important role in preparation of Compass ’s brief : (1) has a Reply to the Position Letter due on December 14 , 2017 , in Administrative Hearing Nos. 113,091, 113,836, 114,012, 114,013, and 114,014 pending before the Administrative Hearings Division of the Comptroller of the State of
Texas ; (2) has a Reply to the Position Letter due on December 20, 2017 , in Administrative Hearing No. 114,009 also pending before the Administrative Hearings Division of the Comptroller of the State of Texas ; and (3) has a deadline to file exceptions on December 20 , 2017 , in SOAH Hearing Nos.
304

- 17

- 5827.13, 304

- 17

- 5828.13, 304

- 17

- 5829.13, and 304

- 17

- 5830.13 pending before the State Office of Administrative Hearings

. These tasks have prevented Ms. Leonard from devoting a sufficient amount of time to prepare the Appellee’s Brief.
7

. Compass seeks a 2

- week extension, moving the deadline from
December 18 to December 29 , 2017.
8

. The requested extension of Compass ’s Appell ee ’s Brief deadline will not prejudice any party.4 9

. No extension of time has previously been requested by or granted to Appellee in this appeal.
1

0

. The $10.00 filing fee has been submitted in connection with this
Motion.
III. PRAYER For these reasons, Appell ee respectfully pray s , without any opposition of Appell ant s , that this Court grant a 2

- week extension of time to file Appell ee ’ s Brief from December 18 , 2017 , to December 29 , 2017

. Respectfully submitted, M ARTENS , T ODD , L EONARD & A HLRICH
By: /s/ Lacy L. Leonard Lacy L. Leonard State Bar No. 24040561 lleonard@textaxlaw.com James F. Martens State Bar No. 13050720 jmartens@textaxlaw.com 301 Congress Ave., Suite 1950 Austin, Texas 78701 Telephone: (512) 542

- 9898
ATTORNEY S FOR APPE LL EE COMPASS DIRECTIONAL GUIDANCE, LLC5 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 Appellee’s Motion

. Beth Klusmann , Attorney for Appellants is un opposed.

/s/ Lacy L. Leonard Lacy L. Leonard
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Unopposed First Motion for Extension of Time to File Appellees’ Brief has been electronically filed and served on all counsel below on December 13 , 2017

. See Tex. R. App. P. 9.2(c)(1), 9.5(b)(1).

Beth Klusmann First A ssistant Attorney General beth.klusmann@oag.texas.gov Office of the Attorney General P.O. Box 12548 (MC 059) Austin, Texas 78711

- 2548 Tele: (512) 936

- 1700 Fax: (512) 47 4

- 2697

/s/ Lacy L. Leonard Lacy L. Leonard