Auspro Enterprises, LP v. Texas Department of Transportation

• Court: Court of Appeals of Texas
• Decided: February 2, 2015
• Docket: 03-14-00375-CV
• Status: Published

Opinion

ACCEPTED 03-14-00375-CV 3983511 THIRD COURT OF APPEALS AUSTIN, TEXAS 2/2/2015 12:57:29 PM JEFFREY D. KYLE CLERK No. 03-14-00375-CV In the Court of Appeals FILED IN for the Third Judicial District 3rd COURT OF APPEALS AUSTIN, TEXAS Austin, Texas 2/2/2015 12:57:29 PM JEFFREY D. KYLE Clerk AUSPRO ENTERPRISES, LP, Appellant, v. TEXAS DEPARTMENT OF TRANSPORTATION, Appellee.

On Appeal from the 345th Judicial District Court of Travis County, Texas

UNOPPOSED SECOND MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellee Texas Department of Transportation (the “Department”)

moves to extend the time to file its Appellee’s Brief pursuant to Texas

Rules of Appellate Procedure 10.5(b) and 38.6(d).

I.

The Department’s brief is currently due February 9, 2015. The

Department seeks a 10-day extension, creating a new deadline of

February 19, 2015. The Department previously received one 30-day

extension for this filing. Appellant does not oppose this extension. II.

The extension is not sought for delay, and no party will be

prejudiced if it is granted. Appellant AusPro Enterprises, LP received

three 30-day extensions on its Appellant’s Brief.

In addition to diligently preparing the brief in this appeal,

undersigned counsel has had substantial litigation commitments in other

cases, including: presenting oral argument on January 14, 2015, in this

Court, in Richard J. Malouf, DDS et al. v. The State of Texas ex rel. Dr.

Christine Ellis, DDS and Madelayne Castillo, No. 03-14-00036-CV;

assisting (in various cases) on the State’s response to the U.S. Supreme

Court’s decision in Holt v. Hobbs, No. 13-6827 (U.S. Jan. 20, 2015), see,

e.g., Ali v. Stephens, No. 14-41165 (appeal stayed pending decision in

Holt); and assisting in oral argument preparation in Ivy v. Michael

Williams, No. 14-50037 (5th Cir. oral argument scheduled Feb. 5, 2015).

The additional time requested will permit counsel to fully analyze the

record and relevant law in order to prepare thorough briefing, which

would aid the Court in its consideration of this appeal.

2 III.

The Department respectfully requests that the Court grant a 10-

day extension for filing its brief, creating a new deadline of February 19,

2015.

Respectfully submitted.

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

SCOTT A. KELLER Solicitor General

/s/ Douglas D. Geyser DOUGLAS D. GEYSER Assistant Solicitor General State Bar No. 24059817

OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-2540 Fax: (512) 474-2697 douglas.geyser@texasattorneygeneral.gov

COUNSEL FOR APPELLEE TEXAS DEPARTMENT OF TRANSPORTATION

3 CERTIFICATE OF CONFERENCE

I certify that on February 2, 2015, I conferred with counsel for

Appellant regarding this motion, and counsel advised that Appellant

does not oppose the motion.

/s/ Douglas D. Geyser Douglas D. Geyser Counsel for Appellee

CERTIFICATE OF SERVICE

On February 2, 2015, this motion was served via File &

ServeXpress and/or e-mail on:

Meredith B. Parenti PARENTI LAW PLLC P.O. Box 19152 Houston, Texas 77224 [Tel] (281) 224-5848 [Fax] (281) 605-5677 meredith@parentilaw.com

/s/ Douglas D. Geyser Douglas D. Geyser Counsel for Appellee the State of Texas