CAUSE NO. 03-15-00285-CV

IN THE COURT OF APPEALS 

FOR THE THIRD DISTRICT OF TEXAS 

AUSTIN, TEXAS 

VOLKSWAGEN GROUP OF AMERICA,INC. AND AUDI OF AMERICA,INC. OF TEXAS

Appellants, 

v.

JOHN WALKER III, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE TEXAS 

DEPARTMENT OF MOTOR VEHICLES BOARD, AND THE HONORABLE MICHAEL J.

O’MALLEY AND THE HONORABLE PENNY A. WILKOV, IN THEIR OFFICIAL 

CAPACITIES AS ADMINISTRATIVE LAW JUDGES FOR THE STATE OFFICE OF 

ADMINISTRATIVE HEARINGS

Appellees. 

On Appeal from the 201st Judicial District Court, Travis County, Texas 

Honorable Amy Clark Meachum, Presiding Judge 

APPELLEES O’MALLEY AND WILKOV’S 

FIRST MOTION FOR EXTENSION OF TIME 

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: 

Appellee, Ken Paxton, Attorney General of Texas, files this motion requesting 

this Court to extend the time for filing Appellee’s brief by 14 days to August 14, 

2015. 

A. Current Deadline. 

The current deadline for filing the response is July 31, 2015. 

B. Length of Extension Sought for Filing the Response. 

ACCEPTED

03-15-00285-CV

6114596

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/17/2015 12:35:13 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/17/2015 12:35:13 PM JEFFREY D. KYLE Clerk
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Respondent seeks an additional 14 days from July 31, 2015 through and 

including August 14, 2015. 

C. Number of Previous Extensions Granted.

This is the first extension requested by Appellees. Appellants were granted a 

14 day extension previously. 

D. Facts Explaining the Needed Extension.

Appellee’s counsel requests this extension in light of some previously 

scheduled deadlines, including a deadline to file a Petition for Review in the 

Supreme Court. Appellee’s counsel will also be out of state visiting family from 

July 18, 2015 through July 26, 2015. 

This extension is not being sought for purposes of delay, but rather to provide 

undersigned counsel the time to fully respond to Appellant’s brief. Counsel for 

Appellee Walker and counsel for both intervenors are unopposed to this motion. 

Counsel for Appellants is opposed. Accordingly, Appellees O’Malley and Wilkov 

ask that this Motion be granted and that they be given until August 14, 2015, to file 

their brief in this case.

Respectfully Submitted,

KEN PAXTON

Attorney General of Texas

CHARLES E. ROY

First Assistant Attorney General
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SHELLEY DAHLBERG

Associate Deputy Attorney General for Civil 

Litigation

DAVID A. TALBOT, JR.

Chief, Administrative Law Division

/s/ Kimberly L. Fuchs

KIMBERLY L. FUCHS 

State Bar No. 24044140

Chief, Open Records Litigation

Administrative Law Division

Office of the Attorney General of Texas

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Telephone: (512) 475-4195

Facsimile: (512) 320-0167

kimberly.fuchs@texasattorneygeneral.gov

ATTORNEYS FOR APPELLEES THE 

HONORABLE MICHAEL J. O’MALLEY AND 

THE HONORABLE PENNY A. WILKOV, IN 

THEIR OFFICIAL CAPACITIES AS 

ADMINISTRATIVE LAW JUDGES FOR THE 

STATE OFFICE OF ADMINISTRATIVE 

HEARINGS

CERTIFICATE OF CONFERENCE

I hereby certify that counsel for Appellee conferred with counsel for the 

Appellee Walker and counsel for all intervenors and was advised that they were 

unopposed to this motion. Counsel for Appellants advised the undersigned that 

Appellant is opposed to this motion. 

/s/ Kimberly Fuchs

KIMBERLY FUCHS
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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Appellee’s First Unopposed 

Motion for Extension of Time has been served on July 17, 2015, on the following 

parties via electronic service and e-mail:

S. SHAWN STEPHENS

Texas Bar No. 19160060

JAMES P. SULLIVAN

Texas Bar No. 24070702

King & Spalding LLP

1100 Louisiana, Suite 4000

Houston, Texas 77002

Telephone: (713) 751-3200

Facsimile: (713) 751-3290

sstephens@kslaw.com

jsullivan@kslaw.com

BILLY M. DONLEY

State Bar No. 05977085

MARK E. SMITH 

State Bar No. 24070639

Baker & Hostetler LLP

811 Main Street, Suite 1100

Houston, Texas 77002

Telephone: (713) 751-1600

Facsimile: (713) 751-1717

bdonley@bakerlaw.com

mesmith@bakerlaw.com

Attorneys for Appellants

Volkswagen Group of Americas, Inc.

and Audi of America, Inc.

J. BRUCE BENNETT

State Bar No. 02145500

Cardwell, Hart & Bennett, LLP

807 Brazos, Suite 1001

Austin, Texas 78701

Telephone: (512) 322-0011

Facsimile: (512) 322-0808

jbb.chblaw@sbcglobal.net

JOSEPH W. LETZER

State Bar No. 24030763

DENT M. MORTON

State Bar No. 24056645

Burr & Forman, LLP

420 20TH Street N, Suite 3400

Birmingham, AL 35203-5210

Telephone:(205) 251-3000

Facsimile: (205) 458-5100

jletzer@burr.com

dmorton@burr.com

Attorneys for Appellees

Ricardo M. Weitz, Hi Tech Imports North, 

LLC, Hi Tech Imports South, LLC, and 

Hi Tech Imports, LLC
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WILLIAM. R. CROCKER

State Bar No. 5091000 

Attorney at Law

807 Brazos, Ste 1014

Austin, Texas 78701

P.O. Box 1418

Austin, Texas 78767

Telephone: (512) 478-5611

Facsimile: (512) 474-2540

crockerlaw@earthlink.net

Attorney for Appellee

Budget Leasing, Inc. d/b/a 

Audi North Austin and 

Audi South Austin

DENNIS McKINNEY

State Bar No. 13719300

Assistant Attorney General

Administrative Law Division

Office of the Attorney General of Texas

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Telephone:(512) 475-4020

Facsimile: (512) 320-0167

dennis.mckinney@texasattorneygeneral.gov

Attorney for Appellee

John Walker III, in his official capacity as

Chairman of the Texas Department of 

Motor Vehicles Board

/s/ Kimberly Fuchs

KIMBERLY FUCHS

ATTORNEY FOR APPELLEES 

SOAH ADMINISTRATIVE LAW JUDGES 

O’MALLEY AND WILKOV