No. 14

- 15

- 00027

- CV

____________________________________________________ **In the Court of Appeals for the**  **Fourteenth Judicial District**  **Houston , Texas** 

____________________________________________________ Glenn Hegar , Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, Appellant,
v. Checkfree Services Corporation, Appellee.

____________________________________________________ On Appeal from the 53 rd Judicial District Court, Travis County, Texas

____________________________________________________ A PPELLANTS’ UNOPPOSED MOTION FOR 30

- DAY EXTENSION TO FILE BRIEF OF APPELLANTS

____________________________________________________ TO THE HONORABLE FOURTEENTH COURT OF APPEALS:

Pursuant to Rules 10.5 and 38.6(d) of the Texas Rules of Appellate Procedure , Appellants Glen Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas ("Appellants") file this Unopposed Motion for a 30

- day Extension to File Brief of Appellants

. Appellants’ Brief is currently due April 15, 2015. The undersigned c ounsel respectfully request s a 30

- day extension of time to file Appellants’ Brief, such that ACCEPTED 14-15-00027-cv FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS 3/20/2015 12:01:05 PM CHRISTOPHER PRINE

CLERKit would instead be due May 15, 2015. No extensions in this matter have previously been sought by Appellants. The undersigned c ounsel re lies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for

the r equested extension:

• Appellant s’ prior counsel , Erika Sams, is moving out of the state

. The undersigned counsel was not previously involved in this case , and his substitution of counsel was only filed on March 4, 2015.

• The undersigned counsel is responsible for reviewing numerous bills during the legislative session , and preparing for the Legislative Budget Board esti mates of the fiscal impact such legislation would have upon his division in the Attorney General’s office

.

• The undersigned counsel is lead attorney for the Texas Workforce Commission in numerous tax disputes, including four cases that are all in active discovery at the present time :

o PSM, Plus, LLC v. Tex. Workforce Comm’n et al ., Cause No. D

1

- GN

- 14

- 00448, 5 3rd Judicial District Court of Travis County, Texas;
o G&A Outsourcing, Inc. et al. v. Tex. Workforce Comm’n , Cause No. D

- 1

- GN

- 14

- 005431, 98th Judicial District Court of Travis County, Texas;
o G&A Outsourcing IV, LLC v. Tex. Workforce Comm’n , Cause No. D

- 1

- GN

- 14

- 005432, 126th Judicial District Court of Travis County, Texas; and
o DGC Realty Solutions, LLC v. Tex. Workforce Comm’n , Cause No. D

- 1

- GN

- 13

- 004087, 261st Judicial District Court of Travis County, Texas.

• The undersigned counsel is preparing a Plea to the Jurisdiction in Quinones v. Teacher Retirement Sys. of Tex. et al. , Cause No. D

- 1

- GN

15

- 000356, 53rd Judicial District Court of Travis County, Texas, which will be set for hearing the week of March 30

– April 3. Appellants ’ Unopposed Motion for Extension to File Brief• The undersigned secondary counsel has a b rief due on March 23, 2015 in Hunter v. Tex. Dep’t of Ins. et al ., Cause No. 03

- 14

- 00737

- CV, Third Court of Appeals, Texas.

• The undersigned secondary counsel is the legislative liaison for her division at the Attorney General’s office and has extensive duties related to legislation during the legislative session.

• The undersigned secondary counsel will be out of the office on April 3, 2015. Appellants seek this extension of time to prepare a briefing that fully assists this Court in deciding the issues presented by this appeal. Given the undersigned

counsel s’ prior lack of involvement in this case and other time commitments, it will not be possible to prepare such a briefing by April 15, 2014. Appellee Check f ree Services Corporation is not opposed to t his motion. This request is not sought for delay but so that justice may be done.

PRAYER FOR RELIEF For the reasons set forth above, Appellants request that this Court extend the deadline for filing Appellants’ Brief to May 15, 2015. Appellants further request all other relief to which they may be justly entitled.

Appellants ’ Unopposed Motion for Extension to File BriefRespectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

ROBERT O’KEEFE Chief, Financial Litigation, Tax, and Charitable Trusts Division

/s/ Quinn T. Ryan QUINN T. RYAN Attorney

- in

- Charge Financial Litigation, Tax and Charitable Trusts Div ision State Bar No. 24074994 Tel: (512) 463

- 3112 Fax: (512) 478

- 4013 quinn.ryan@texasattorneygeneral.gov Cynthia A. Morales Secondary Attorney

- in

- Charge Financial Litigation, Tax, and Charitable Trusts Div ision State Bar No. 14417420 P.O. Box 12548 Austin, Texas 7871 1

- 2548 Tel: (512) 475

- 4470 Fax: (512) 478

- 4013 cynthia.morales@texasattorneygeneral.gov
Attorneys for Appellants

Appellants ’ Unopposed Motion for Extension to File BriefCERTIFICATE OF CONFERENCE I certify that on March 18, 2015, I conferred with counsel for Appellee by email, who confirmed that Appellee is not opposed to this motion.

CERTIFICATE OF SERVICE I certify that on March 20 , 2015, a copy of this Appellants’ Unopposed Motion for 30

- Day Extension to File Brief of Appellants was s erved on Appellee as indicated below:

Doug Sigel RYAN LAW FIRM, LLP Counsel for Appellee Via e

- serve : doug.sigel@ryanlawllp.com

/s/ Quinn T. Ryan Q UINN T. R YAN Assistant Attorney General

Appellants ’ Unopposed Motion for Extension to File Brief