No. 03-14-00375-CV 

## In the Court of Appeals for the Third Judicial District Austin, Texas

A US P RO E NTERPRISES , LP,

Appellant , v. T EXAS D EPARTMENT OF T RANSPORTATION , Appellee

. On Appeal from the 345th Judicial District Court of Travis County, Texas

U NOPPOSED S ECOND M OTION TO E XTEND T IME

T O F ILE A PPELLEE ’ S B RIEF

T O THE H ONORABLE T HIRD C OURT OF A PPEALS : 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. ACCEPTED 03-14-00375-CV 3983511 THIRD COURT OF APPEALS

AUSTIN, TEXAS 2/2/2015 12:57:29 PM JEFFREY D. KYLE

CLERK2 II. The extension is not sought for delay, and no party will be prejudiced if it is granted. Appellant AusPro Enter prises, LP received three 30-day extensions on its Appellant’s Brief. In addition to diligently preparing the brief in th is appeal, undersigned counsel has had substantial litigation commitments in other cases, including: presenting oral argument on Janua ry 14, 2015, in this Court, in Richard J. Malouf, DDS et al. v. The State of Texas e x rel. Dr. Christine Ellis, DDS and Madelayne Castillo , No. 03-14-00036-CV; assisting (in various cases) on the State’s respons e 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 Fe b. 5, 2015). The additional time requested will permit counsel t o fully analyze the record and relevant law in order to prepare thoroug h briefing, which would aid the Court in its consideration of this ap peal.3 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.

K EN P AXTON Attorney General of Texas

C HARLES E. R OY First Assistant Attorney General

S COTT A. K ELLER Solicitor General /s/ Douglas D. Geyser D OUGLAS D. G EYSER Assistant Solicitor General State Bar No. 24059817

O FFICE OF THE A TTORNEY G ENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-2540 Fax: (512) 474-2697 douglas.geyser@texasattorneygeneral.gov

C OUNSEL FOR A PPELLEE T EXAS D EPARTMENT OF T RANSPORTATION4 C ERTIFICATE OF C ONFERENCE I certify that on February 2, 2015, I conferred wi th counsel for Appellant regarding this motion, and counsel advise d that Appellant does not oppose the motion.

/s/ Douglas D. Geyser Douglas D. Geyser Counsel for Appellee

C ERTIFICATE OF S ERVICE On February 2, 2015, this motion was served via Fi le & ServeXpress and/or e-mail on:

Meredith B. Parenti P ARENTI L AW 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