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 200TH 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 11/18/2015 3:50:52 PM JEFFREY D. KYLE Clerk
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 PAGE 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”), files this First 

Unopposed Motion to Extend Time to File a Response to Appellees’/CrossAppellants’ 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, 2015. Counsel for AMC requests a 30-day extension of 

time to file the Response, making the brief due on December 30, 2015.

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 is 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. 14-0743; in the Supreme Court 

of Texas, due to be filed on November 24, 2015.
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 PAGE 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-15-

000344; 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 Directional 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.
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 PAGE 4

Counsel for AMC seeks 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 be possible to prepare the Response by November 30, 2015. 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 respectfully asks the Court to 

grant this 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 requests all other relief to which it may be entitled.
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 PAGE 5

Respectfully submitted,

__________________________

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

Telephone: (512) 459-6600

Facsimile: (512) 459-6601

Attorneys for Appellant & CrossAppellee

CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned

counsel conferred with opposing counsel, Cynthia Morales, on November 

18, 2015, and she indicated that she does not oppose this motion.

 

Doug Sigel
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 PAGE 6

CERTIFICATE OF SERVICE

I hereby certify that on this 18th day of November, 2015, 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