No. 03-14-00375-CV 

In the Court of Appeals 

for the Third Judicial District 

Austin, Texas

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. 

ACCEPTED

03-14-00375-CV

3983511

THIRD COURT OF APPEALS

AUSTIN, TEXAS

2/2/2015 12:57:29 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 2/2/2015 12:57:29 PM JEFFREY D. KYLE Clerk
2 

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. 

 
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. 

 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
4 

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