NO. 03-15-00285-CV

____________________________________________________

IN THE THIRD COURT OF APPEALS

AT AUSTIN, TEXAS

____________________________________________________

VOLKSWAGEN GROUP OF AMERICA, INC., and AUDI OF AMERICA, 

INC.,

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 Judges for the State Office of Administrative 

Hearings,

Appellees. 

____________________________________________________

On Appeal from the 353rd District Court, Travis County, Texas

___________________________________________________

JOHN WALKER, III’S FIRST MOTION FOR EXTENSION OF TIME TO 

FILE BRIEF

____________________________________________________

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

DENNIS M. MCKINNEY

Assistant Attorney General

State Bar No. 13719300

OFFICE OF THE TEXAS ATTORNEY 

GENERAL

ADMINISTRATIVE LAW DIVISION

P.O. Box 12548

Austin, Texas 78711-2548

Telephone: (512) 475-4020

Facsimile: (512) 320-0167

dennis.mckinney@texasattorneygeneral.

gov

Attorneys for John Walker III

ACCEPTED

03-15-00285-CV

6135579

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/20/2015 12:59:40 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/20/2015 12:59:40 PM JEFFREY D. KYLE Clerk
TO THE HONORABLE JUSTICES OF THE COURT:

Appellee John Walker III, in his official capacity as Chairman of the 

Texas Department of Motor Vehicles Board (“Walker”). Files this motion 

requesting this Court to extend the time for filing Appellee Walker’s brief by 

14 days to August 14, 2015.

1. The current deadline for Walker to file his brief is July 31, 2015.

2. Appellee Walker is seeking an additional 14 days to and including 

August 14, 2015 to file his brief.

3. This is the first extension requested by Appellee Walker. Appellants 

were granted a 14 day extension, and Appellees O’Malley and Wilkov were 

also granting a 14 day extension to file their briefs.

4. Counsel for Walker had been preparing for and attended trial in Dallas, 

Texas on July 16, 2015 in Cause No. DC-15-07378, La Costena v. Texas 

Alcoholic Beverage Commission, 193rd District Court, Dallas County, which 

required dedication of most of counsel’s time and resources.

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

provide undersigned counsel the time to fully respond to Appellants’ Brief. 

Counsel for Appellees O’Malley and Wilkov, as well as counsel for both 

intervenors are unopposed. 

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CONCLUSION AND PRAYER

For the foregoing reasons, Appellee Walker respectfully requests that 

this Motion be granted and that he be given until August 14, 2015 to file his 

brief in this case, and such other and further relief to which Appellee may be 

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.

Division Chief, Administrative Law 

Division

/s/ Dennis M. McKinney

Dennis M. McKinney

Assistant Attorney General

State Bar No. 13719300

OFFICE OF THE TEXAS ATTORNEY GENERAL

ADMINISTRATIVE LAW DIVISION

P. O. Box 12548

Austin, Texas 78711-2548

Telephone: (512) 475-4020

Facsimile: (512) 320-0167

dennis.mckinney@texasattorneygeneral.gov

Attorneys for Appellee Walker

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CERTIFICATE OF CONFERENCE

I hereby certify that counsel for Appellee Walker conferred with 

counsel for Appellees O’Malley and Wilkov, and counsel or all intervenors 

and was advised that they were unopposed to this motion. Counsel for 

Appellants advised the undersigned that they oppose this motion.

/s/ Dennis M. McKinney

Dennis M. McKinney

Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of 

Appellate Procedure, a true and correct copy of the above and foregoing 

document has been served on the following on this the 20th day of July, 2015:

Shawn Stephens

James P. Sullivan

1100 Louisiana Suite 4000

Houston, Texas 77002

Sstephens@kslaw.com

jsullivan@kslaw.com

Fax 713-751-3290

Attorneys for Appellants

Billy M. Donley 

Mark E. Smith 

811 Main Street, Suite 1100 

Houston, Texas 77002-6111 

bdonley@bakerlaw.com

mesmith@bakerlaw.com

Fax 713-751-1717

Attorney for Appellants

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Kimberly Fuchs

Assistant Attorney General

Texas Attorney General’s Office

P.O. Box 12548

Austin, Texas 78711

kimberley.fuchs@texasattorneygeneral.gov

Attorney for Defendants 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

J. Bruce Bennett

Cardwell, Hart & Bennett

807 Brazos Suite 1001

Austin, Texas 78701

jjb.chblaw@abcglobal.net

Fax 512-322-0808

William R. Crocker

807 Brazos Suite 1014

Austin, Texas 78701

crockerlaw@earthlink.net

Fax 512-474-2540

Attorneys for Appellees

Ricardo M. Weitz, et al

/s/ Dennis M. McKinney

Dennis M. McKinney

Assistant Attorney General

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