1 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 345 th 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

CLERK2 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 BRIEF ING

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

345 th District Court of Travis C ounty 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

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

making the aforementioned claim ripe.3

H CK filed a motion to reconsider and for new trial in the 345 th 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 day s after the order

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

matter

.

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

August 9 to August 16, 2015 and previously filed a vacation with the tr ial 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 ad ditional

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.

H CK prays this court grant this first motion for extension and extend the

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

may be entitled to regarding this motion.4

SIGNED this 6 th day of August, 2015

.

Respectfully submitted,

THE LAW OFFICES OF RYAN HENRY, PLLC

1380 Pantheon Way, Ste. 215

San A ntonio, 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 Defendant

Appellee

, via email , and she is un opposed to Plaintiff

- Appellant ’s motion for

extension stated herein.

BY:

________________________ RYAN S. HENRY5 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