NO. 04

- 15

- 00473

- CV

IN THE FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS

_______________________________________

TEXAS DEPARTMENT OF INSURANCE - DIVISION OF WORKERS’

COMPENSATION and COMMISSIONER RYAN BRANNAN, IN HIS

OFFICIAL CAPACITY

, Appellant s ,

v.

DALE BRUMFIELD
, Appellee

.

_______________________________________

On Appeal from the 288 th Judicial District Court, Cause No. 2015CI07374

_______________________________________

APPELL ANTS TEXAS DEPARTMENT OF INSURANCE - DIVISION OF

WORKERS’ COMPENSATION AND COMMISSIONER BRANNAN ’S

UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF

_______________________________________

TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:

Appellants th e Texas Department of Insura nce - Division of Workers’

Compensation and Commissioner Ryan Brannan respectfully move this Court for an

extension of the deadline for filing their reply brief. In support, Appellants show

the Court as follows: ACCEPTED
04-15-00473-CV
FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS
12/3/2015 3:53:01 PM
KEITH HOTTLE
CLERK1. Appellants’ reply brief is currently due on December 9

, 2015.

Appellants request a thirty day extension of their briefing deadline.

2

. Appellants request an extension of time based on Appellants ’ counsel’s

current caseload and holiday schedule. Appellants also request the

extensio n based upon the need to fully address the complex issues and

briefi ng of this case

.

3

. Appellants move for this extension not to delay proceedings but to

allow their counsel sufficient time t o adequately prepare and file a reply

brief that fully address es the issues raised by Mr. Brumfield in his

response

.

4

. Appell ants’ counsel conferred with counsel for Appellee about this

motion

. The requested extension is not opposed

.

A ccordingly, A ppellants respectfully request an extension of time up to and

includi ng Friday

, January 8, 2016 to file and serve their reply brief.

Dated: December 3 , 201 5

.

2Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR. Chief, Administrative Law Division

/s/ Harold J. Liller

HAROLD J. LILLER

State Bar No. 24029689 Assistant Attorney General

Administrative Law Division

O FFICE OF THE T EXAS A TTORNEY G ENERAL P.O. Box 12548, Capitol Station Austin, Texas 78711

- 2548 Telephone: (512) 475

- 4300 Facsimile: (512) 320

- 0167 harold.liller@texasattorneygeneral.gov

Counsel for Appellee s Texas Department of

Insurance

- Division of Workers' Compensation and Commissioner Ryan

Brannan

3CERTIFICATE OF CONFERENCE

On December 3 , 2015 c ounsel for Appellants conferred with counsel for

Appellee about the contents of this motion, and A ppellee ’s counsel stated he is

unopposed to the requested extension

.

/s/ Harold J. Liller

HAROLD J. LILLER Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and forgoing

document has been served b y facsimile on this date, the 3rd day of December , 2015

,

on the following:

Bradley Dean McClellan

State Bar No. 13395980

Of Counsel

, T HE L AW O FFICES OF R ICHA RD P ENA

, P.C. 1701 Director’s Blvd., Suite 110 Austin, Texas 78744 Facsimile: (512) 327

- 8354

Email: Brad.McClellan@yahoo.com

Counsel for Appellee Dale Brumfield

/s/ Harold J. Liller

HAROLD J. LILLER Assistant Attorney General

4