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Cause No. 03-15-00363-CV

Appellant’s Agreed Second Motion to Extend Time to File Brief

CASE NO. 03-15-00363-CV

IN THE COURT OF APPEALS

FOR THE THIRD JUDICIAL DISTRICT AT AUSTIN, TEXAS

TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,

Appellant, 

v.

BRILLIANT STARTS LEARNING ACADEMY, L.L.C. 

Appellee. 

On Appeal from the 207TH District Court, Comal County, Texas;

Cause No. C2015-0676B; before the Honorable Dib Waldrup

 

APPELLANT’S AGREED SECOND MOTION 

TO EXTEND TIME TO FILE BRIEF

 

KEN PAXTON Pat Tulinski

Attorney General of Texas State Bar No. 20283485 

 Assistant Attorney General

CHARLES E. ROY TEXAS ATTORNEY GENERAL’S OFFICE 

First Assistant Attorney General P.O. Box 12548, Capitol Station

 Austin, Texas 78711-2548

JAMES E. DAVIS Telephone: (512) 475-4170

Deputy Attorney General for Facsimile: (512) 320-0167

Civil Litigation pat.tulinski@texasattorneygeneral.gov

 Attorneys for Appellant

DAVID A. TALBOT, JR.

Chief, Administrative Law Division

ACCEPTED

03-15-00363-CV

6142774

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/20/2015 4:13:25 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/20/2015 4:13:25 PM JEFFREY D. KYLE Clerk
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Cause No. 03-15-00363-CV

Appellant’s Agreed Second Motion to Extend Time to File Brief

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF 

APPEALS:

Now comes Appellant Texas Department of Family & Protective Services, 

asking the Court to extend the time to file its brief in Cause Number 03-15-

00363-CV; Trial Court Cause Number C2015-0676B. 

Appellant is the Texas Department of Family & Protective Services. 

Appellee is Brilliant Starts Learning Academy, L.L.C. There is no specific 

deadline to file this motion to extend. See Tex. R. App. P. 38.6(d). Appellant

has conferred with counsel for Appellee, and this second request for extension is 

agreed or unopposed.

The Court has the authority under Texas Rule of Appellate Procedure 

38.6(d) to extend the time to file a brief. The Department’s brief is presently 

due on July 22, 2015. The Department requests an additional forty (40) days to 

file its brief. If granted, the new due date will be September 1, 2015. 

This extension is necessary because counsel for the Department has a 

gravely ill family member out-of-state and in hospice care. Counsel is taking a 

30-day leave of absence from the Office of the Texas Attorney General to travel 

to New Jersey to help take care of her dying family member. The leave 

commences before the Department’s brief is due and extends through and 

beyond the present due date.
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Cause No. 03-15-00363-CV

Appellant’s Agreed Second Motion to Extend Time to File Brief

Counsel for the Department was the sole attorney present and participating 

at the multi-day hearing on the Temporary Injunction, and she is uniquely 

familiar with the facts and law involved in this case. There is no other attorney 

prepared or equipped to handle this matter for the Department on the present 

timeline. Further, the legal and factual issues are moderately complex and 

require sufficient time to address them properly.

This is the Department’s second motion to extend the deadline, and the

request is not sought for purposes of delay but to see that justice is done.

For these reasons, Appellant respectfully requests that this Court grant this 

40-day extension of time to file its brief, to be due on September 1, 2015.

SIGNED this 20th day of July, 2015. 

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
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Cause No. 03-15-00363-CV

Appellant’s Agreed Second Motion to Extend Time to File Brief

/s/ Pat Tulinski

Pat Tulinski

TBN 20283485 

Assistant Texas Attorney General

Administrative Law Division

P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Telephone: (512) 475-4170

Facsimile: (512) 320-0167

pat.tulinski@texasattorneygeneral.gov

CERTIFICATE OF CONFERENCE

Pursuant to TRAP 10.1(a)(5), counsel for Appellant conferred with counsel 

for Appellee and obtained consent to file this motion as agreed or unopposed. 

/s/ Pat Tulinski

Pat Tulinski

CERTIFICATE OF SERVICE

I certify that, on July 20, 2015, a true and correct copy of the Appellant’s 

Agreed Second Motion to Extend Time to File Brief was transmitted by electronic 

filing and e-mail on the 20th day of July, 2015 to the party of record as shown

below:

Brilliant Starts Learning Gregory B. Cagle

Academy, L.L.C. Regional Attorney

Appellee Texas Municipal Police Association

1602B State St.

Houston, TX 77007

Telephone: (713) 489-4789

Facsimile: (713) 489-4792

gcagle@tmpalawyer.com

/s/ Pat Tulinski

Pat Tulinski