1 NO. 03 -15- 00 186- CV

__________________________________________________

IN THE COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS

AT AUSTIN

________________________________________________ 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.

UNOPPOSED , FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELL EE’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS: Appell ee Statewide Materials Transport, Ltd. moves pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure, asking that this Court grant a 30-day extension of time for filing its Appell ee ’s Brief from June 16 to July 16 , 2015. This Motion is UNOPPOSED by Appellants Glenn Heg ar , Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the

State of Texas

. ACCEPTED 03-15-00186-CV 5536681 THIRD COURT OF APPEALS

AUSTIN, TEXAS 6/3/2015 5:19:47 PM JEFFREY D. KYLE

CLERK2 I. INTRODUCTION

1. Appellant s are Glenn Hegar, Comptroller of Public Accounts of the
State of Texas, and Ken Paxton, Attorne y General of the State of Texas (“Appellant s ”).

2. Appellee is Statewide Materials Transport, Ltd

. (“Appellee”).

3. No rule provides a deadline to file this Motion to Extend. See Tex. R. App. P. 38.6(d).

II. ARGUMENT & AUTHORITIES

4. The Court has authority under Te xas Rule of Appellate Procedure
38.6(d) to extend the time to file Appell ee ’s Brief. This Motion is filed in
accordance with Texas Rule of Appellate Procedure 10.5(b)(1).

5. Appell ee ’s Brief is currently due on Tues day, June 16 , 201 5.

6. The undersigned counsel for Appell ee have had several pending deadlines and professional obligations since the filing of Appell ants ’ Brief, which
have prevented them from being able to complete the Brief by June 16 , and they
have additional deadlines and obligations in th e coming weeks that necessitate the

30

- day extension now sought w ithout opposition. More s pecifically , these deadlines include the following for Appell ee ’s counsel:

a. Amanda Taylor: (1) Petitioner’s Brief on the Merits due in the
Supreme Court of Texas o n May 13 (No. 14

- 0647); ( 2 ) oral argument before this3

Court on June 3 (No. 03

- 14

- 00197

- CV); ( 3 ) attending a two

- day continuing legal

education course on June 4

- 5 (“State and Federal Appeals”); ( 4 ) Petitioner’s Reply
Brief due in the Supreme Court on June 17 (No. 14

- 0647); (5) Appellee’s Brief
currently due in this Court on June 19 (No. 03

- 14

- 00713

- CV); and ( 6 ) vacation including prepaid travel on June 10 through 14, as stated in the vacation notic e on
file with this Court.

7

. Appell ee therefore requests a 30

- day extension of its brief

- filing

deadline.

8

. The requested extension of Appell ee ’s Brief deadline will not prejudice
any party.

9

. No extensions of time have previously been requested by o r granted to Appell ee regarding its Brief.

1 0

. The $10.00 filing fee has been submitted in connection with this

Motion.4 III. PRAYER For these reasons, Appell ee respectfully prays, without any opposition of
Appell ant s , that this Court grant an extension o f time to file Appell ee ’s Brief from

June 16 to Ju ly 1 6 , 201 5 , which is 30 days from the current deadline. Respectfully submitted,
M ARTENS , T ODD , L EONARD , T AYLOR & A HLRICH 301 Congress Ave., Suite 1950 Austin, Texas 78701 Telephone: (512) 542

- 9898 Telecopier: (512) 542

- 9899
By: /s/ Amanda G. Taylor Amanda Taylor ataylor@textaxlaw.com State Bar No. 24045921 James F. Martens jmartens@textaxlaw.com State Bar No. 13050720 Lacy L. Leonard lleonard@textaxlaw.com State Bar No. 24040561 Danielle V. Ahlrich dahlrich@textaxlaw.com State Bar No. 24059215

ATTORNEYS FOR APPELL EE STATEWIDE MATERIALS TRANSPORT, LTD.5 CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that counsel for Appell ee has conferred with counsel for Appell ants , M r

. Douglas Geyser , about the merits of this Motion on June 3 , 2015

. Mr. Geyser does not oppose this Motion.

/s/ Amanda G. Taylor Amanda G. Taylor

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Unopposed First Motion for Extension of Time to File Appell ee ’s Brief has been electronically filed and served on all counsel below on June 3 , 2015

. Douglas D. Geyser Assistant Solicitor General O FFICE OF THE A TTORNEY G ENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711

- 2548 (512) 936

- 2 540 (512) 474

- 2697 [fax] douglas.geyser@texasattorneygeneral.gov

Charles Eldred Assistant Attorney General O FFICE OF THE A TTORNEY G ENERAL , F INANCIAL AND T AX L ITIGATION D IVISION P.O. Box 12548 Austin, Texas 78711 (512) 463

- 1745 (512) 477

- 2348 [fax] charles.eldred @texasattorneygeneral.gov

/s/ Amanda G. Taylor Amanda G. Taylor