No. 03- 14 -00397- CV
In The Court Of Appeals For The Third Court Of Appeals District

Austin, Texas
AMERICAN MULTI-CINEMA, INC. Appellant & Cross-Appellee,

v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY

GENERAL OF THE STATE OF TEXAS Appellees & Cross-Appellants.

ON APPEAL FROM THE 200 TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS TRIAL COURT CAUSE NO. D-1- GN

- 12 -003831
APPELLANT/CROSS- APPELLEE’ S FIRST UNOPPOSED MOTION

TO EXTEND TIME TO FILE A RESPONSE TO APPELLEES/CROSS- APPELLANTS’ MOTION FOR REHEARING

AND FOR RECONSIDERATION EN BANC

Mark W. Eidman Texas Bar No. 06496500 Mark.Eidman@RyanLawLLP.com Doug Sigel Texas Bar No. 18347650 Doug.Sigel@RyanLawLLP.com Amy Wills Texas Bar No. 24093379 Amy.Wills @RyanLawLLP.com RYAN LAW FIRM, LLP 100 Congress Avenue, Suite 950 Austin, Texas 78701 512.459.6600 Telephone 512.459.6601 Facsimile Counsel for Appellant & Cross Appellee ACCEPTED 03-14-00397-CV 7891798 THIRD COURT OF APPEALS

AUSTIN, TEXAS 11/18/2015 3:50:52 PM JEFFREY D. KYLE

CLERKA PPELLANT /C ROSS

- A PPELLEE ’ S F IRST U NOPPOSED M OTION TO E XTEND T IME TO F ILE A

R ESPONSE TO A PPELLEES ’/C ROSS

- A PPELLANTS ’ M OTION FOR R EHEARING AND FOR R ECONSIDERATION E N B ANC P AGE 2 TO THE HONORABLE THIRD COURT OF APPEALS: Pursuant to Tex. R. App. P. 10.1 and 38.6 (d), the Appellant and
Cross

- Appellee , American Multi

- Cinema, Inc. (“AMC”) , file s this First Unopposed Motion to Extend Time to File a Response to Appellees’/Cross

Appellants’ Motion for Rehearing and for Reconsideration En Banc.
AMC’s Response to Appellees’/Cross

- Appellants’ Motion for Rehearing and for Reconsideration En Banc (“Response”) is currently due

on November 30 , 201 5
. Counsel for AMC requests a 30
- day extension of
time to file the R esponse , making the brief due on December 30 , 201 5
. This is the first request for extension of time to file the Response

. Counsel for AMC relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension: • The undersigned counsel i s out

- of

- state on firm

- related matters on November 17

- 18, 2015

.

• The undersigned counsel is currently preparing a Reply in Support
of Brief on the Merits in Southwest Royalties, Inc. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of The State of Texas ; No. 14

- 074 3; in the Supreme Court of Texas, due to be filed on November 24, 2015.A PPELLANT /C ROSS

- A PPELLEE ’ S F IRST U NOPPOSED M OTION TO E XTEND T IME TO F ILE A

R ESPONSE TO A PPELLEES ’/C ROSS

- A PPELLANTS ’ M OTION FOR R EHEARING AND FOR R ECONSIDERATION E N B ANC P AGE 3 • The undersigned counsel is preparing for a hearing in the case, styled Wyoming Department of Revenue v. Albertson’s LLC and New
Albertson’s Inc. ; Docket No. 183

- 552 ; in 1st Judicial District Court of
Laramie County, Wyoming , to be held on November 24 , 2015. • The period prescribed for the preparation of the Response includes the Thanksgiving holiday , which will present substantial conflict due to long term travel plans for each of AMC’s attorneys

.

• The undersigned counsel is currently working on pre - trial deadlines and preparing a Trial Brief in the case, styled Dish Network, L.L.C. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of The State of Texas ; Cause No. D

- 1
- GN

- 1 5
-

00 0344 ; in the 201st Judicial District Court of Travis County, Texas, due to
be filed on November 30 , 2015.

• The undersigned counsel is preparing responses to discovery requests in the case styled Ryan Di rectional Services, Inc. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas ; Cause No. D

- 1
- GN

- 15
- 003250; in
the 53rd Judicial District Court of Travis County, Texas, due to be served on November 30 , 2015.A PPELLANT /C ROSS

- A PPELLEE ’ S F IRST U NOPPOSED M OTION TO E XTEND T IME TO F ILE A

R ESPONSE TO A PPELLEES ’/C ROSS

- A PPELLANTS ’ M OTION FOR R EHEARING AND FOR R ECONSIDERATION E N B ANC P AGE 4 Counsel for AMC seek s this extension of time to be able to prepare a cogent and succinct response to aid this Court in its analysis of the issues presented. Given the other time commitments imposed on counsel, it will
not b e possible to prepare the Response by November 30 , 201 5 . This request is not sought for delay but so that justice may be done. All facts recited in this motion are within the personal knowledge of the counsel signing this motion; therefore no verification is necessary under
Texas Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF For the reasons set forth above, AMC respectfu lly asks the Court to grant th is unopposed motion for extension of time, thus making the Appellant/Cross

- Appellee’s Response to Appellees’/Cross

- Appellants’ Motion for Rehearing and for Reconsideration En Banc due on December

30 , 2014
. AMC further request s all other relief to which it may be entit led.A PPELLANT /C ROSS

- A PPELLEE ’ S F IRST U NOPPOSED M OTION TO E XTEND T IME TO F ILE A

R ESPONSE TO A PPELLEES ’/C ROSS

- A PPELLANTS ’ M OTION FOR R EHEARING AND FOR R ECONSIDERATION E N B ANC P AGE 5 Respectfully submitted,

__________________________ Doug Sigel Texas Bar No. 18347650 doug.sigel@ryanlawllp.com Amy Wills Texas Bar No. 240 93379 amy.wills @ryanlawllp.com RYAN LAW FIRM, LLP 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459

- 6600 Facsimile: (512) 459

- 6601 Attorneys f

or Appellant & Cross

Appellee

CERTIFICATE OF CONFERENCE Pursuant to Tex. R. App. P. 10.1(5), I certify that t he undersigned counsel conferred with opposing counsel, Cynthia Morales , on November 18, 2015, a nd she indicated that s he does not oppose this motion.

Doug SigelA PPELLANT /C ROSS

- A PPELLEE ’ S F IRST U NOPPOSED M OTION TO E XTEND T IME TO F ILE A

R ESPONSE TO A PPELLEES ’/C ROSS

- A PPELLANTS ’ M OTION FOR R EHEARING AND FOR R ECONSIDERATION E N B ANC P AGE 6

CERTIFICATE OF SERVICE I hereby certify that on this 18 th day of November , 201 5 , a true and correct copy of the foregoing document has been delivered via electronic mail and/or electronic service to the following counsel of record: Cynthia Morales Assistant Attorney General Charles Eldred Assistant Attorney General Tax Division P.O. Box 12548 Austin, Texas 78711 Telephone: (512) 475

- 1743 Facsimile: (512) 477

- 2348 cynthia.morales@texasattorneygeneral.gov charles.eldred@texasattorneygeneral.gov

Doug Sigel