No. 03-14-00713-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. 

CGG VERITAS SERVICES (U.S.), INC., 

 Appellee.

On Appeal from the 

353rd Judicial District Court of Travis County, Texas 

APPELLANTS’ AMENDED THIRD MOTION FOR EXTENSION OF TIME

TO THE HONORABLE THIRD COURT OF APPEALS: 

In accordance with Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), 

Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and 

Ken Paxton, Attorney General of the State of Texas, moved on April 14, 2015 for an 

extension of time to file their brief on April 20, 2015. Appellee did not oppose the 

motion. Because that motion has not yet been ruled upon, Appellants file this amended 

motion requesting the extension of the deadline for filing their brief. That brief was 

filed on April 20, 2015. 

ACCEPTED

03-14-00713-CV

4960364

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/20/2015 4:51:43 PM

JEFFREY D. KYLE

CLERK
2 

 

I. 

Appellants’ brief was due on April 15, 2015. Appellants sought an unopposed 

extension that would make their brief due on April 20, 2015. Two previous extensions 

were previously granted. 

Appellants sought an extension due to counsel’s workload commitments and not 

for purposes of delay. Appellants’ counsel requested that the Court extend the briefing 

deadline due to the Fifth Circuit’s scheduling of a hearing in a different case. The Fifth 

Circuit set a hearing on the United States of America’s emergency motion for stay 

pending appeal in Case No. 15-40238, State of Texas, et al. v. United States of America, et al. 

(5th Cir. 2015). The hearing took place in New Orleans on April 17, 2015. Due to the 

significance of the legal issues and the interests implicated by the twenty-six state 

lawsuit, each side was granted an hour for argument at the hearing. 

 Counsel was required to spend extensive amounts of time not only preparing 

lead counsel for that Fifth Circuit stay hearing—a type of hearing that is rarely 

granted—but also in preparing briefs in that case and the related cases, some of which 

are proceeding on an expedited basis. Those filings included: 

• Plaintiffs’ Opposition to Defendants’ Motion to Stay Pending Appeal of 

the Court’s February 162, 2015 Order of Preliminary Injunction, Case No. 

1:14-cv-254 (S. D. Tex. 2014), filed March 4, 2015;

• Plaintiffs’ Opposition to Motion for Stay Pending Appeal, No. 15-40238 

(5th Cir. 2015), filed March 23, 2015; 
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• Plaintiffs’ Supplemental Brief on Motion for Stay Pending Appeal, No. 

15-40238 (5th Cir. 2015), filed April 14, 2015 (6,000 word brief authorized 

and scheduled by the Court); 

• Plaintiffs’ Motion for Summary Affirmance-in-Part and Dismissal-in-Part, 

No. 15-40333 (5th Cir. 2015), filed March 27, 2015. 

 Counsel also was required to prepare a brief for filing in the U.S. Supreme Court 

in the event that the Fifth Circuit immediately ruled upon the motion for stay following 

the hearing. 

 Counsel also had a number of other significant workload commitments in other 

matters during the same timeframe, including drafting the following: 

• Motion to Dismiss or Affirm, Evenwel v. Abbott, No. 14-940 (U.S. 2015), filed 

April 6, 2015; and 

• Petition for Writ of Mandamus, In re DePinho, 15-0294 (Tex. 2015), filed April 

16, 2015 

An extension therefore was requested to accommodate Appellants’ counsel’s 

workload and to provide a brief that was helpful to the court. 

II. 

For this reason, counsel for Appellants respectfully request that the Court grant 

Appellants’ Amended Unopposed Third Motion for an Extension of Time, making the 

Appellants’ brief due on April 20, 2015. 

 
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PRAYER

Appellants respectfully request that the Court grant the requested extension of 

time to file its brief, making that brief due on April 20, 2015. 

 Respectfully submitted. 

 KEN PAXTON

 Attorney General of Texas 

 CHARLES E. ROY

 First Assistant Attorney General 

 SCOTT A. KELLER

 Solicitor General 

 /s/ April L. Farris 

 APRIL L. FARRIS

 Assistant Solicitor General 

 State Bar No. 24069702 

 OFFICE OF THE ATTORNEY GENERAL

 P.O. Box 12548 (MC 059) 

 Austin, Texas 78711-2548 

 Tel.: (512) 936-2923 

 Fax: (512) 474-2697 

 april.farris@texasattorneygeneral.gov 

 COUNSEL FOR APPELLANTS

 
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CERTIFICATE OF CONFERENCE

 I hereby certify that on April 20, 2015, I contacted counsel for Appellee. Counsel 

does not oppose this amended motion. 

 /s/ April L. Farris 

 April L. Farris 

CERTIFICATE OF SERVICE

 I hereby certify that a true and correct copy of the foregoing document has been 

electronically filed and served via File&ServeXpress on April 20, 2015, to the following: 

Amanda Taylor 

State Bar No. 24045921 

James F. Martens 

State Bar No. 13050720 

Lacy Leonard 

State Bar No. 24040561 

MARTENS TODD LEONARD & TAYLOR

301 Congress Ave., Suite 1950 

Austin, Texas 78701 

Tel.: (512) 542-9898 

Fax: (512) 542-9899 

ataylor@textaxlaw.com 

jmartens@textaxlaw.com 

lleonard@textaxlaw.com 

Counsel for Appellee 

 /s/ April L. Farris 

 April L. Farris