No

. 03

- 16

- 00222

- CV 

# In the Court of Appeals for the Third Judicial District Austin , Texas

**LMV**

**- AL Ventures, LLC,**  Appellant / Cross

- Appell ee ,
v. **Texas Department of Aging and Disability Services and Commissioner Jon Weizenbaum, in his Official Capacity**  , Appellees/Cross

- Appell ants

.
On Appeal from the 98th Judicial District Court, Travis County Cause no. D -1- GN

- 15

- 001219 JOINT FIRST MOTION FOR AN EXTENS ION OF TIME TO FILE REPLY BRIEFS

T O THE H ONORABLE T HIRD C OURT OF A PPEALS :
1. Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10. 5( b ), Appellant LMV

- AL Ventures, LLC and Cross

- Appellants Texas Department of Aging and Disability Services and Comm issioner Jon Weizenbaum seek an extension of time to file their respective reply briefs . Both r eply briefs are due October 12, 2016. Appellant and Cross

- Appellants seek an extension up to and including **October 28, 2016** 

. ACCEPTED 03-16-00222-CV 13099042 THIRD COURT OF APPEALS

AUSTIN, TEXAS 10/6/2016 11:51:13 AM JEFFREY D. KYLE

CLERK2 2. All p arties have agreed to this extension of time. The Court has granted no previous extension s for Appellant’s and Cross

- Appellants’ reply
briefs.

3. The extension is sought to accommodate Cross

- Appellants’ counsel’s workload and to allow adequate time to pre pare the replies , and to
ensure that Cross

- Appellants’ briefing schedule remains synchronized with Appellant’s.

4. Cross

- Appellants’ counsel has substantial litigation commitments in other cases, particularly in Buck v. Davis , No. 15

- 8049, a capital habeas case argued in the United States Supreme Court on October 5, 2016 . Although
Cross

- Appellants’ counsel is not lead counsel, his travel and preparation obligations for the Buck argument were significant.
5. Appellant seeks an extension so that the briefing schedule for the main appeal and the cross

- appeal will remain synchronized.
6

. This extension is not sought to cause delay, and it will prejudice no
party.
7

. For the foregoing reasons, the parties pray that the Court grant a 16

- day extension of time as requested, creating a new deadline of **October 28,** 
**2016** for App ellant’s reply and for Cross

- Appellants’ reply

.3 **Ken Paxton** Attorney General of Texas **Jeffrey C. Mateer** First Assistant Attorney General

Office of the Attorney General P.O. Box 12548 (MC 059) Austin, Texas 78711

- 2548 Tel.: (512) 936

- 1827 Fax: (512) 474

- 2697 Respectfully submitted.

**Scott A. Keller** Solicitor General /s/ Ari Cuenin **Ari Cuenin** Assistant Solicitor General State Bar No. 24078385 ari.cuenin @texasattorneygeneral.gov **Eugene A. Clayborn** Assistant Attorney General

Counsel for Cross

- Appellants
/s/ Walter V. Williams (by permission) W ALTER V. W ILLIAMS State Bar No. 21584800 Jack M. Modesett, III Modesett Williams, PLLC 515 Congress Ave, Ste 1650 Austin, Texas 78701 Tel.: (512) 472

- 6097 Fax: (512) 481

- 0130 Counsel for Appellant LMV

- AL, LLC4 

### Certificate of Conference I hereby certify that Appellant and Cross

- Appellants have jointly agreed
to seek the relief requested by this motion.


### Certificate of Service
On October 6 , 20 16 , this document was served electronically via File & ServeXpress and/or e

- mail on Walter V. Williams, **Modesett Williams,**
**PLLC** , 515 Congress Ave, Ste. 1650, Austin, Texas 78701, lead counsel for
LMV

- AL Ventures, LLC, via walter@modwill.com

. /s/ Ari Cuenin **Ari Cuenin**