American Multi-Cinema, Inc.// Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, American Multi-Cinema, Inc.

Opinion

ACCEPTED 03-14-00397-CV 7891798 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/18/2015 3:50:52 PM JEFFREY D. KYLE CLERK No. 03-14-00397-CV

FILED IN In The Court Of Appeals 3rd COURT OF APPEALS For The Third Court Of Appeals District AUSTIN, TEXAS Austin, Texas 11/18/2015 3:50:52 PM JEFFREY D. KYLE Clerk

AMERICAN MULTI-CINEMA, INC. Appellant & Cross-Appellee, v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS Appellees & Cross-Appellants.

ON APPEAL FROM THE 200TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS TRIAL COURT CAUSE NO. D-1-GN-12-003831

APPELLANT/CROSS-APPELLEE’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO APPELLEES/CROSS-APPELLANTS’ MOTION FOR REHEARING AND FOR RECONSIDERATION EN BANC

Mark W. Eidman RYAN LAW FIRM, LLP Texas Bar No. 06496500 100 Congress Avenue, Suite 950 Mark.Eidman@RyanLawLLP.com Austin, Texas 78701 Doug Sigel 512.459.6600 Telephone Texas Bar No. 18347650 512.459.6601 Facsimile Doug.Sigel@RyanLawLLP.com Counsel for Appellant Amy Wills & Cross Appellee Texas Bar No. 24093379 Amy.Wills@RyanLawLLP.com TO THE HONORABLE THIRD COURT OF APPEALS:

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

Cross-Appellee, American Multi-Cinema, Inc. (“AMC”), files this First

Unopposed Motion to Extend Time to File a Response to Appellees’/Cross-

Appellants’ Motion for Rehearing and for Reconsideration En Banc.

AMC’s Response to Appellees’/Cross-Appellants’ Motion for

Rehearing and for Reconsideration En Banc (“Response”) is currently due

on November 30, 2015. Counsel for AMC requests a 30-day extension of

time to file the Response, making the brief due on December 30, 2015.

This is the first request for extension of time to file the Response.

Counsel for AMC 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 out-of-state on firm-related matters on

November 17-18, 2015.

• The undersigned counsel is currently preparing a Reply in Support

of Brief on the Merits in 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; No. 14-0743; in the Supreme Court

of Texas, due to be filed on November 24, 2015.

APPELLANT/CROSS-APPELLEE’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO APPELLEES’/CROSS-APPELLANTS’ MOTION FOR REHEARING AND FOR RECONSIDERATION EN BANC PAGE 2 • The undersigned counsel is preparing for a hearing in the case,

styled Wyoming Department of Revenue v. Albertson’s LLC and New

Albertson’s Inc.; Docket No. 183-552; in 1st Judicial District Court of

Laramie County, Wyoming, to be held on November 24, 2015.

• The period prescribed for the preparation of the Response includes

the Thanksgiving holiday, which will present substantial conflict due to

long term travel plans for each of AMC’s attorneys.

• The undersigned counsel is currently working on pre-trial deadlines

and preparing a Trial Brief in the case, styled Dish Network, L.L.C. 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-

000344; in the 201st Judicial District Court of Travis County, Texas, due to

be filed on November 30, 2015.

• The undersigned counsel is preparing responses to discovery

requests in the case styled Ryan Directional Services, 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-15-003250; in

the 53rd Judicial District Court of Travis County, Texas, due to be served on

November 30, 2015.

APPELLANT/CROSS-APPELLEE’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO APPELLEES’/CROSS-APPELLANTS’ MOTION FOR REHEARING AND FOR RECONSIDERATION EN BANC PAGE 3 Counsel for AMC seeks this extension of time to be able to prepare a

cogent and succinct response 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 Response by November 30, 2015. This

request is not sought for delay but so that justice may be done.

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, AMC respectfully asks the Court to

grant this unopposed motion for extension of time, thus making the

Appellant/Cross-Appellee’s Response to Appellees’/Cross-Appellants’

Motion for Rehearing and for Reconsideration En Banc due on December

30, 2014. AMC further requests all other relief to which it may be entitled.

APPELLANT/CROSS-APPELLEE’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO APPELLEES’/CROSS-APPELLANTS’ MOTION FOR REHEARING AND FOR RECONSIDERATION EN BANC PAGE 4 Respectfully submitted,

__________________________ Doug Sigel Texas Bar No. 18347650 doug.sigel@ryanlawllp.com Amy Wills Texas Bar No. 24093379 amy.wills@ryanlawllp.com RYAN LAW FIRM, LLP 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601 Attorneys for Appellant & Cross- Appellee

CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned counsel conferred with opposing counsel, Cynthia Morales, on November 18, 2015, and she indicated that she does not oppose this motion.

Doug Sigel

APPELLANT/CROSS-APPELLEE’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO APPELLEES’/CROSS-APPELLANTS’ MOTION FOR REHEARING AND FOR RECONSIDERATION EN BANC PAGE 5 CERTIFICATE OF SERVICE

I hereby certify that on this 18th day of November, 2015, a true and correct copy of the foregoing document has been delivered via electronic mail and/or electronic service to the following counsel of record:

Cynthia Morales Assistant Attorney General Charles Eldred Assistant Attorney General Tax Division P.O. Box 12548 Austin, Texas 78711 Telephone: (512) 475-1743 Facsimile: (512) 477-2348 cynthia.morales@texasattorneygeneral.gov charles.eldred@texasattorneygeneral.gov

Doug Sigel

APPELLANT/CROSS-APPELLEE’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE A RESPONSE TO APPELLEES’/CROSS-APPELLANTS’ MOTION FOR REHEARING AND FOR RECONSIDERATION EN BANC PAGE 6