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Case No. 03-15-00441-CV

__________________________________________________________________ 

COURT OF APPEALS 

FOR THE THIRD DISTRICT 

_____________________________________ 

YOUTH EMPOWERMENT SERVICES, INC. D/B/A HIGGS CARTER KING GIFTED 

AND TALENTED CHARTER ACADEMY 

Plaintiff- Appellant 

V.

TEXAS EDUCATION AGENCY and MICHAEL WILLIAMS, IN HIS OFFICIAL 

CAPACITY AS THE COMMISSIONER OF EDUCATION 

 Defendant- Appellee 

On Appeal from the 345th Judicial District 

of Travis County, Texas, Cause No. D-1-GN-15-001090 

_______________________________

PLAINTIFF- APPELLANT’S 

MOTION FOR EXTENSION ON BRIEFING DEADLINE 

_________________________________________________________ 

 THE LAW OFFICES OF RYAN HENRY, PLLC 

 1380 Pantheon Way, Ste. 215 

 San Antonio, Texas 78232 

 Telephone: (210) 257-6357 

 Facsimile: (210) 569-6494 

 ryan.henry@rshlawfirm.com 

 

 __________________________ 

 Ryan Henry 

 State Bar No. 24007347 

August 6, 2015 Counsel for Plaintiff-Appellant 

ACCEPTED

03-15-00441-CV

6385201

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/6/2015 12:39:11 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/6/2015 12:39:11 PM JEFFREY D. KYLE Clerk
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NO. 03-15-00441-CV

YOUTH EMPOWERMENT § IN THE 3

RD COURT OF APPEALS

SERVICES, INC. d/b/a HIGGS §

CARTER KING GIFTED & §

TALENTED CHARTER § 

ACADEMY § 

 Appellant §

§

V. §

§

TEXAS EDUCATION AGENCY §

& MICHAEL WILLIAMS, in his §

Official Capacity as the §

Commissioner of Education §

Appellee § TRAVIS COUNTY, TEXAS

APPELLANT’S FIRST MOTION FOR EXTENSION ON BRIEFING 

DEADLINE

TO THE HONORABLE JUDGE OF SAID COURT:

Appellant, YOUTH EMPOWERMENT SERVICES, INC. d/b/a HIGGS 

CARTER KING GIFTED & TALENTED CHARTER ACADEMY (hereinafter 

“HCK”), files this its First Motion for Extension and shows the Court as follows:

The Appellant HCK filed this appeal on July 17, 2015 due to the judge in the 

345th District Court of Travis County granting Defendant-Appellee’s Plea to the 

Jurisdiction. The judge stated that he granted the Defendant’s PTJ due to at least one 

of the claims not being ripe for litigating at the time. After the order was signed, the 

Defendants began the process of trying to seize Plaintiff’s real property and assets, 

making the aforementioned claim ripe. 
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HCK filed a motion to reconsider and for new trial in the 345th Judicial District 

Court on July 30, 2015, within the plenary power of the trial court. It also sought an 

order from the court to enforce a Rule 11 between the parties wherein the TEA and 

Williams agreed not to seize any property until a final order in the case. Due to this 

filing, the judge’s plenary power over the matter extends to 75 days after the order 

granting the plea to the jurisdiction was signed. The judge has not yet ruled on the 

matter.

Further, counsel for HCK has a scheduled vacation out of the country from 

August 9 to August 16, 2015 and previously filed a vacation with the trial court to 

this effect. I request that the court take into account my scheduled vacation as well 

as our desire to await the district court’s decision on our motion and extend the 

deadline of our briefing from August 21, 2015 to September 20, 2015 (an additional 

30 days). I have consulted with the attorney for the Defendants and she is unopposed 

to the relief sought in this motion to extend deadline. 

HCK prays this court grant this first motion for extension and extend the 

briefing deadline to September 20, 2015. HCK further requests what other relief it 

may be entitled to regarding this motion. 
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SIGNED this 6

th day of August, 2015.

Respectfully submitted,

THE LAW OFFICES OF RYAN HENRY, PLLC

1380 Pantheon Way, Ste. 215

San Antonio, Texas 78232

Telephone: (210) 257-6357

Facsimile: (210) 569-6494 

ryan.henry@rshlawfirm.com

__________________________

Ryan S. Henry

State Bar No. 24007347

ATTORNEY FOR APPELLEE

CERTIFICATE OF CONFERENCE

I certify that I have conferred with Erika Laremont, attorney for DefendantAppellee, via email, and she is unopposed to Plaintiff- Appellant’s motion for 

extension stated herein.

BY: ________________________

RYAN S. HENRY
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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served 

in accordance with Texas Rules of Civil Procedure on this the 6

th day of August, 

2015, as indicated below.

Erika Laremont Sent Via Email: 

General Litigation Erika.Laremont@texasattorneygeneral.gov

PO Box 12548

Austin, Texas 78711-2548

Attorney for Defendants/Appellant’s

Texas Education Agency and 

Michael Williams

_____________________________

RYAN S. HENRY