No. 03-15-00186-CV 

In the Court of Appeals 

for the Third Judicial District 

Austin, Texas

GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF 

TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE

STATE OF TEXAS, 

 Appellants, 

v. 

STATEWIDE MATERIALS TRANSPORT, LTD., 

 Appellee.

On Appeal from the 

250th Judicial District Court of Travis County, Texas 

UNOPPOSED FIRST MOTION TO EXTEND TIME

TO FILE APPELLANTS’ BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS: 

Appellants move to extend the time to file their Appellants’ Brief 

pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d). 

I. 

 The Appellants’ Brief is currently due April 27, 2015. Appellants 

seek a 30-day extension, creating a new deadline of May 27, 2015. This 

is Appellants’ first request, and Appellee does not oppose the extension. 

ACCEPTED

03-15-00186-CV

4905147

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/15/2015 4:15:07 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/15/2015 4:15:07 PM JEFFREY D. KYLE Clerk
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II.

The extension is not sought for delay, and no party will be 

prejudiced if it is granted. Appellants request this extension because 

undersigned counsel and the Solicitor General’s Office are new to this 

case at the appellate level, and undersigned counsel has substantial 

litigation commitments in other cases, including: preparing the appellees’ 

brief due April 17, 2015, in the U.S. Court of Appeals for the Fifth Circuit 

in Bach v. Texas State University et al., No. 14-51081; and preparing the 

reply brief on the merits due April 28, 2015, in the Texas Supreme Court 

in The University of Texas at El Paso v. Ochoa, No. 13-0982. 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. 

III. 

Appellants respectfully request that the Court grant a 30-day 

extension for filing their brief, creating a new deadline of May 27, 2015. 

 

 

 
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 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 APPELLANTS
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CERTIFICATE OF CONFERENCE

 I certify that on April 15, 2015, I conferred with counsel for Appellee 

regarding this motion, and counsel advised that Appellee does not oppose 

the motion. 

 /s/ Douglas D. Geyser 

 Douglas D. Geyser 

 Counsel for Appellants 

CERTIFICATE OF SERVICE

 On April 15, 2015, this motion was served via File & ServeXpress 

and/or e-mail on: 

Amanda G. Taylor 

James F. Martens 

Danielle V. Ahlrich 

MARTENS, TODD, LEONARD, TAYLOR & AHLRICH

301 Congress Ave., Suite 1950 

Austin, Texas 78701 

[Tel] (512) 542-9898 

ataylor@textaxlaw.com 

COUNSEL FOR APPELLEE

 

 /s/ Douglas D. Geyser 

 Douglas D. Geyser 

 Counsel for Appellants