No. 03-16-00222-CV

In the Court of Appeals

for the Third Judicial District

Austin, Texas

LMV-AL Ventures, LLC, 

 Appellant/Cross-Appellee, 

v.

Texas Department of Aging and Disability Services and 

Commissioner Jon Weizenbaum, in his Official Capacity, 

 Appellees/Cross-Appellants. 

On Appeal from the

98th Judicial District Court, Travis County 

Cause no. D-1-GN-15-001219

JOINT FIRST MOTION FOR AN EXTENSION OF 

TIME TO FILE REPLY BRIEFS

 

TO THE HONORABLE THIRD COURT OF APPEALS: 

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 Commissioner Jon Weizenbaum seek an

extension of time to file their respective reply briefs. Both reply 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/6/2016 11:51:13 AM JEFFREY D. KYLE Clerk
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2. All parties have agreed to this extension of time. The Court has 

granted no previous extensions 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 prepare 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 Appellant’s reply and for Cross-Appellants’ reply.
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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)

WALTER V. WILLIAMS

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, LLC
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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, 2016, 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