CASE NO. 03-15-00093-CV

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS 

AUSTIN, TEXAS 

THE CITY OF HOUSTON, TEXAS 

Appellant, 

v.

KEN PAXTON, ATTORNEY GENERAL OF TEXAS, 

Appellee. 

On Appeal from the 250th District Court of Travis County, Texas 

The Honorable Stephen Yelenosky, Presiding

FIRST UNOPPOSED MOTION FOR 

EXTENSION OF TIME TO FILE BRIEF 

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: 

Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellee Ken Paxton, 

Attorney General of Texas, files this unopposed motion requesting the Court extend 

the time for filing Appellee’s brief by twenty-nine days to August 21, 2015. 

1. The deadline to file Appellant’s Brief is currently July 24, 2015. 

2. The Attorney General’s undersigned counsel, Matthew R. Entsminger, 

seeks additional time to file his brief due to previously-scheduled professional 

commitments that predated the Court’s setting of the Appellee deadline. The 

undersigned is responsible for an extensive litigation docket. In the days and weeks 

ACCEPTED

03-15-00093-CV

6154774

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/21/2015 12:04:53 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/21/2015 12:04:53 PM JEFFREY D. KYLE Clerk
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prior to the briefing deadline and in addition to various other commitments in other 

cases, the undersigned was required to (1) respond to a petition in Epic Systems 

Corporation v. Ken Paxton, Attorney General, State of Texas, and University of 

Texas MD Anderson Cancer Center, Cause No. D-1-GN-15-002042, in the 126th 

District Court of Travis County, Texas; (2) respond to a petition and file a plea to 

the jurisdiction in Aetna Life Insurance Company v. Ken Paxton, Attorney General 

of Texas, Cause No. D-1-GN-15-002233, in the 200th District Court of Travis 

County, Texas, and (3) draft and file a response to a summary judgment motion, as 

well as prepare for and appear at a summary judgment hearing that occurred on July 

15, in Keller Independent School District v. Office of the Attorney General of the 

State of Texas, Cause No. D-1-GN-14-004782, in the 126th District Court of Travis 

County, Texas. 

3. The Court has the authority to extend the time to file briefs under Texas 

Rules of Appellate Procedure 38.6.

4. The parties agree to this motion.

5. No previous extensions have been sought by Appellee.

6. For the above reasons, Appellee Attorney General prays that this Court 

grant an extension of time to file Appellee’s brief until August 21, 2015.

Respectfully Submitted,

KEN PAXTON

Attorney General of Texas
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CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil

Litigation

DAVID A. TALBOT, JR.

Chief, Administrative Law Division

KIMBERLY L. FUCHS

Chief, Open Records Litigation

/s/Matthew R. Entsminger

MATTHEW R. ENTSMINGER

State Bar No. 24059723

Assistant Attorney General

Open Records Litigation

Administrative Law Division

Office of the Attorney General of Texas

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Telephone: (512) 475-4151

Facsimile: (512) 320-0167

matthew.entsminger@texasattorneygeneral.gov

ATTORNEYS FOR APPELLEE

KEN PAXTON, ATTORNEY GENERAL OF 

TEXAS
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CERTIFICATE OF CONFERENCE

I hereby certify that on July 21, 2015, I conferred by email with Mary Beth 

Stevenson, counsel for Appellant City of Houston, Texas, who stated she does not 

oppose this motion. 

/s/ Matthew R. Entsminger_________

MATTHEW R. ENTSMINGER

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing First Unopposed 

Motion for Extension of Time to File Brief, has been served on July 21, 2015, on the 

following parties and/or counsel-of-record via e-service and e-mail:

Mary Beth Stevenson

State Bar No. 24072366

Assistant City Attorney

City of Houston Legal Department

900 Bagby, 4th Floor

Houston, Texas 77002

Telephone: (832) 393-6491

Facsimile: (832) 393-6259

marybeth.stevenson@houstontx.gov

ATTORNEY FOR APPELLANT

/s/ Matthew R. Entsminger_________

MATTHEW R. ENTSMINGER