NO. 03

- 15

- 00285

- CV

IN THE COURT OF APPEALS

FOR THE THIRD DISTRICT OF TEXAS

AT AUSTIN, TEXAS

VOLKSWAGEN GROUP OF AMERICA, INC.

AND AUDI OF AMERICA, INC.

Appellants,

v.

JOHN WALKER III, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF

THE TEXAS DEPARTMENT OF MOTOR VEHICLES BOARD, AND THE

HONORABLE MICHAEL J. O’MALLEY AND THE HONORABLE

PENNY A. WILKOV, IN THEIR OFFICIAL CAPACITIES AS

ADMINISTRATIVE LAW JUDGES FOR T HE STATE OFFICE OF

ADMINISTRATIVE HEARINGS,

Appellees.

On Appeal From the 201st District Court Travis County, Texas

Trial Court Cause No. D -1- GN

- 15

- 001186

Honorable Amy Clark Meachum, Presiding Judge

MOTION TO DISMISS AP PEAL

TO THE HONORABLE THIRD COURT OF APPEALS:

1. Appellants ask the Court to dismiss this appeal. ACCEPTED

03-15-00285-CV

8308433

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/18/2015 3:30:40 PM

JEFFREY D. KYLE

CLERK2 2. Appellants are Volkswagen Group of America, Inc. and Audi of

America, Inc. Appellees are John Walker III, in his official capacity as Chairman

of the Texas Department of Motor Vehicles Board and the Honorable Michael J.

O’Malley and the Honorable Penny A. Wilkov, in their official capacities as

Administrative Law Judges for the State Office of Administrative Hearings.

3. Appellants perfected this appeal on M ay 8, 2015, by filing a Notice of

Appeal. Appellees do not seek relief in this appeal and do not oppose this motion.

4. Appellants are the only parties seeking relief in this appeal.

5. The Court has authority under Tex. R. App. P. 42.1(a)(1) to grant thi s

Motion to Dismiss.

6. The Parties in the underlying administrative action styled Budget

Leasing, Inc. d/b/a Audi North Austin and Audi South Austin, Protestant, Ricardo

M. Weitz, Hi Tech Imports North, LLC, Hi Tech Imports South, LLC and Hi Tech

Imports, LLC, Intervenors and Volkswagen Group of America, Inc. and Porsche

Cars North America, Inc., Respondents , SOAH Docket No. 608

- 13

- 4599.LIC,

MVD Docket No. 13

- 0008 LIC have reached an agreement resolving their

differences in that protest before the Texas De partment of Motor Vehicles, Motor

Vehicle Division. Resolution of the administrative action settles the matters at

issue in this appeal.3 7. Appellants ask the Court to render judgment dismissing this appeal

pursuant to Tex. R. App. P. 42.1(a)(1), with ea ch party bearing its own attorneys'

fees, expenses and costs.

Respectfully submitted,

BAKER & HOSTETLER LLP

/s/ Billy M. Donley

Billy M. Donley

State Bar No. 05977085

Mark E. Smith

State Bar No. 24070639

811 Main Street, Suite 1100

Houston, Texas 77002

(713) 751

- 1600 (Telephone)

(713) 751

- 1717 (Facsimile)

bdonley@bakerlaw.com

mesmith@bakerlaw.com

COUNSEL FOR PLAINTIFFS

VOLKSWAGEN GROUP OF AMERICA,

INC. AND AUDI OF AMERICA, INC

.4 CERTIFICATE OF CONFERENCE

As required by TEX. R. APP. P. 10.1, Appellants’ counsel conferred with

Appellees’ counsel regarding this Motion to Dismiss. Dennis McKinney, counsel

for Appellee John Walker III, Kimberly Fuchs, Counsel for Appellees Michael J

.

O’Malley and Penn A. Wilkov, Dent M. Morton, counsel for Appellees Ricardo M.

Weitz; Hi Tech Imports North, LLC; Hi Tech Imports, South, LLC; and Hi Tech

Imports, LLC, and William R. Crocker, counsel for Intervenor Budget Leasing,

Inc. all indicated that their clients were unopposed.

/s/ Billy M. Donley

Billy M. Donley5 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Motion to Dismiss Appeal

has been served in accordance with the T exas Rules of Appellate Procedure on the

counsel of record listed below on this the 18 th day of December, 2015.

Kimberly Fuchs

kimberly.fuchs@texasattorneygeneral.gov

Assistant Attorney General

Texas Attorney General’s Office

P.O. Box 12548

Austin, Texas 78711

- 2548

Counsel for Defendants Michael J.

O’Malley and Penny A. Wilkov

Dennis McKinney

dennis.mckinney@texasattorneygeneral.gov

Assistant Attorney General

Texas Attorney General’s Office

P.O. Box 12548

Austin, Texas 78711

- 2548

Counsel for Defendant J ohn Walker III J. Bruce Bennett

jbb.chblaw@sbcglobal.net

Cardwell, Hart & Bennett, LLP

807 Brazos, Suite 1001

Austin, Texas 78701

Joseph W. Letzer

jletzer@burr.com

Burr & Forman, LLP

420 20th Street N., Suite 3400

Birmingham, AL 35203

Counsel for Interve nors Ricardo M.

Weitz,

Hi Tech Imports North, LLC, Hi

Tech Imports

South, LLC and Hi Tech Imports,

LLC

Wm. R. Crocker

crockerlaw@earthlink.net

807 Brazos, Ste. 1014

Austin, Texas 78701

Counsel for Intervenor Budget

Leasing, Inc.

/s/ Billy M. Donley Billy M. Donley