No. 03-15-00113-CV

__________________________________________________________________ 

In the Court of Appeals 

For the Third Judicial District 

Austin, Texas 

__________________________________________________________________ 

EMC CORPORATION 

Appellant, 

v.

GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF 

THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY 

GENERAL OF THE STATE OF TEXAS 

Appellees. 

__________________________________________________________________ 

ON APPEAL FROM THE 353RD DISTRICT COURT, TRAVIS COUNTY, TEXAS

TRIAL COURT CAUSE NO. D-1-GN-14-000851 

__________________________________________________________________ 

APPELLANT’S FIRST UNOPPOSED MOTION FOR EXTENSION OF 

TIME TO FILE APPELLANT’S REPLY BRIEF 

__________________________________________________________________ 

RYAN LAW FIRM, LLP 

Doug Sigel 

Texas Bar No. 18347650 

100 Congress Avenue, Suite 950 

Austin, Texas 78701 

Telephone: (512) 459-6600 

Facsimile: (512) 459-6601 

Counsel for EMC Corporation 

ACCEPTED

03-15-00113-CV

6038871

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/13/2015 2:00:56 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 2:00:56 PM JEFFREY D. KYLE Clerk
PAGE 2

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.1 and 38.6(d), the Appellant, EMC Corporation 

(“EMC”) files this First Unopposed Motion for Extension of Time to File 

Appellant’s Reply Brief.

The Appellant’s Reply Brief is currently due on July 28, 2015.

Counsel for EMC requests a 30-day extension of time to file the Appellant’s

Reply Brief, making the brief due on August 27, 2015. This is the first request for 

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

Counsel for Appellant 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 traveling on an overseas vacation from July 3, 

2015 through July 25, 2015.

• The undersigned counsel will be traveling out-of-state to attend and speak 

at a conference for the Institute for Professionals in Taxation from July 26, 2015 

through July 28, 2015.

• The undersigned counsel is preparing responses to an extensive set of 

discovery requests in the case styled Pitney Bowes, Inc. v. Commissioner of Revenue; 

Case No. 8795-R; in the Minnesota Tax Court, due to be served on August 5, 2015.
PAGE 3

• The undersigned counsel is preparing a Reply Brief on the Merits in 

Hallmark Marketing Company, LLC v. Glenn Hegar, Comptroller of Public 

Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of 

Texas, Case No. 14-1075, in the Supreme Court of Texas, due to be filed on August 

11, 2015.

• The undersigned counsel is preparing a Motion for Summary Judgment in 

the case styled Leviton Manufacturing Co., 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-15-001144; in the 53rd Judicial District Court of 

Travis County, Texas, due to be filed on August 17, 2015.

• The undersigned counsel is preparing a Brief on the Merits in the case styled 

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; Case No. 

14-0743; in the Supreme Court of Texas, due to be filed on August 19, 2015.

Counsel for Appellant seeks this extension of time to be able to prepare a 

cogent and succinct brief 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 Appellant’s Brief by July 28, 2015. This request is not sought for delay 

but so that justice may be done.
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The undersigned has conferred with Rance Craft, counsel for the Appellees, 

and he has indicated that he does not oppose this motion.

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, Appellant requests that this Court grant this 

First Unopposed Motion for Extension of Time to File Appellant’s Reply Brief and 

extend the deadline for filing the Appellant’s Reply Brief up to and including 

August 27, 2015. Appellant requests all other relief to which it may be entitled.

Respectfully submitted,

 /s/ Doug Sigel 

Doug Sigel

Texas Bar No. 18347650

Doug.Sigel@RyanLawLLP.com

RYAN LAW FIRM, LLP

100 Congress Avenue, Suite 950

Austin, Texas 78701

Telephone: (512) 459-6600

Facsimile: (512) 459-6601

Counsel for EMC Corporation
PAGE 5

CERTIFICATE OF CONFERENCE

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

with opposing counsel, Rance Craft, on July 9, 2015, and Mr. Craft is not opposed 

to this motion.

/s/ Doug Sigel

Doug Sigel

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Appellant’s First Unopposed Motion for

Extension of Time to File Appellant’s Reply Brief was served on Appellees, through 

counsel of record, Rance Craft, Office of the Attorney General, P.O. Box 12548 (MC 

17-6), Austin, Texas 78711-2548, rance.craft@texasattorneygeneral.gov, by 

electronic mail and electronic service on July 13, 2015.

/s/ Doug Sigel

Doug Sigel