CASE NO. 03-13-00370-CV 

IN THE COURT OF APPEALS

FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN

STATE BOARD FOR EDUCATOR CERTIFICATION and

MICHAEL BERRY, THE ACTING CHIEF EXECUTIVE OFFICER OF 

THE STATE BOARD FOR EDUCATOR CERTIFICATION, IN HIS OFFICIAL 

CAPACITY ONLY,

Appellant, 

v.

ERASMO MONTALVO,

Appellee. 

 

On Appeal from the 200th Judicial District Court of Travis County, Texas;

Cause No. D-1-GN-12-002991; Before the Honorable Tim Sulak

APPELLANT’S FIRST UNOPPOSED

MOTION TO EXTEND TIME TO FILE REPLY BRIEF 

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant, State Board for Educator Certification (Board), files its First 

Unopposed Motion to Extend Time to File Reply Brief, pursuant to Tex. R. 

Appellate Proc. 10.5(b) and 38.6. In support hereof, the undersigned would 

respectfully show the Court the following:

ACCEPTED

03-13-00370-CV

5992480

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/9/2015 9:53:01 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/9/2015 9:53:01 AM JEFFREY D. KYLE Clerk
Appellee’s responsive brief was originally due on May 28, 2015. Appellee 

requested additional time, unopposed by Appellant. Appellee’s brief then became 

due on June 28, 2015, causing Appellant’s Reply Brief to be due on July 20, 2015. 

Appellant’s counsel will be on vacation from July 16 through July 23, 2015 (a 

vacation letter has been filed), planned for since mid-May; the majority of the 

vacation is out-of-state.

Additionally, Appellant prepared for and attended a hearing in Tarrant 

County, Texas, on a Motion to Quash Subpoenas Duces Tecum, and, Alternatively, 

Motion for Protective Order, on behalf of the Texas Funeral Service Commission 

(Cause No. 1379975; State of Texas v. Dondre Johnson; in the County Criminal 

Court at Law No. Two of Tarrant County) on July 2, 2015.

Due to the Fourth of July holiday, the Office of the Attorney General was 

closed on July 3, 2015.

Further, counsel has a hearing in Houston on July 24th

, in Cause No. 2015-

30460; Ex Parte Ashley Elizabeth Zehnder; in the 157th District Court of Harris 

County), as well as a trial setting on July 27th, in Cause No. 1060198; James Earl 

Faust v. Texas Department of Public Safety; in the County Court at Law No. 1 of 

Harris County.

This request is not being made for purposes of delay only.

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For the reasons stated above, the Board respectfully requests that the Court 

grant an 11–day extension of time in which to file Appellant’s Brief, to July 31, 

2015, and for such other and further relief to which it may be justly entitled.

Respectfully submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General

JAMES E. DAVIS

Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR.

Chief, Administrative Law Division

/s/ Ellen M. Sameth

ELLEN M. SAMETH

Assistant Attorney General

Texas State Bar No. 17555550

OFFICE OF THE TEXAS ATTORNEY GENERAL

ADMINISTRATIVE LAW DIVISION

P.O. Box 12548

Austin, Texas 78711-2548

Telephone: (512) 936-1838 

Facsimile: (512) 457-4608

E-mail: ellen.sameth@texasattorneygeneral.gov

ATTORNEYS FOR STATE BOARD 

FOR EDUCATOR CERTIFICATION

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CERTIFICATE OF CONFERENCE

I certify that I have conferred with Mark Robinett, Appellee’s counsel, on

July 7, 2015, regarding this request, and that Appellee is unopposed to the granting 

of the requested extension of time in which to file Appellant’s Reply Brief.

/s/ Ellen M. Sameth

ELLEN M. SAMETH

CERTIFICATE OF SERVICE

I hereby certify that on July 9, 2015, a true and correct copy of the foregoing 

document was served via the Court’s ECF system to all counsel of record.

Mark W. Robinett

BRIM, ARNETT, ROBINETT.

CONNERS & MCCORMICK, P.C.

2525 Wallingwood Drive, Bldg. 14

Austin, Texas 78746

mrobinett@brimarnett.com

/s/ Ellen M. Sameth

ELLEN M. SAMETH

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