Auspro Enterprises, LP v. Texas Department of Transportation

Opinion

ACCEPTED 03-14-00375-CV 6671000 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/26/2015 6:03:02 PM JEFFREY D. KYLE No. 03-14-00375-CV CLERK

In the FILED IN 3rd COURT OF APPEALS

Third Court of Appeals AUSTIN, TEXAS 8/26/2015 6:03:02 PM

Austin, Texas 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 _______________

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL REPLY ON REED V. TOWN OF GILBERT _______________

Meredith B. Parenti State Bar No. 00797202 PARENTI LAW PLLC 7500 San Felipe, Suite 600 Houston, Texas 77063 [Tel] (281) 224-5848 [Fax] (281) 605-5677 meredith@parentilaw.com Counsel for Appellant AusPro Enterprises, LP I DENTITIES OF P ARTIES AND C OUNSEL

The following is a complete list of the parties, attorneys, and any other

person who has any interest in the outcome of this appeal.

Defandant/Appellant:

AusPro Enterprises, LP

Counsel for Defendant/Appellant:

Meredith B. Parenti State Bar No. 00797202 PARENTI LAW PLLC 7500 San Felipe, Suite 600 Houston, Texas 77063 [Tel] (281) 224-5848 [Fax] (281) 605-5677 meredith@parentilaw.com

Plaintiff/Appellee:

Texas Department of Transportation

Counsel for Plaintiff/Appellee:

Douglas Geyser Assistant Solicitor General Matthew Bohuslav Assistant Attorney General, Transportation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 [Tel] (512) 936-2540 [Fax] (512) 472-3855 douglas.geyser@texasattorneygeneral.gov matthew.bohuslav@texasattorneygeneral.gov

2 TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant AusPro Enterprises, LP files this unopposed motion for a

30-day extension of time in which to file Appellant’s Supplemental Reply on

Reed v. Town of Gilbert, which is currently due on September 8, 2015.

Counsel for Appellant has several upcoming deadlines in other cases,

including responses and reply briefing in Grupo Mexico, S.A.B. de C.V. v.

SAS Asset Recovery, Ltd., Misc. Action No. 3-14 MC-073-G-BH, in the

United States District Court for the Northern District of Texas and No. 15-

10300, in the United States Court of Appeals for the Fifth Circuit; response

briefing in Martin v. Andrews Kurth LLP, No. 2013-61098, in the District

Court of Harris County, Texas; and an amicus brief in Fisher v. University of

Texas, No. 14-981, in the Supreme Court of the United States. As a result,

counsel needs additional time to prepare AusPro’s supplemental reply

addressing the impact of the Supreme Court’s decision in Reed on this case.

Appellant has not requested any previous extensions of time to file the

supplemental reply. The Court granted three previous requests for extension

of time to file AusPro’s opening brief. Appellee Texas Department of

Transportation does not oppose this request for an extension. This extension

is not sought for delay, and no party will be prejudiced if it is granted. With

3 a 30-day extension, Appellant’s supplemental reply would be due on

October 8, 2015.

PRAYER

For the above reasons, Appellant respectfully requests a 30-day

extension of time to file its supplemental reply on Reed.

Respectfully submitted,

/s/ Meredith B. Parenti Meredith B. Parenti PARENTI LAW PLLC 7500 San Felipe, Suite 600 Houston, Texas 77063 Tel: (281) 224-5848 Fax: (281) 605-5677 meredith@parentilaw.com Counsel for Appellant AusPro Enterprises, LP

4 CERTIFICATE OF CONFERENCE

I certify that on August 26, 2015, I conferred with counsel for Appellee, who represented that Appellee does not oppose this motion.

/s/ Meredith B. Parenti Meredith B. Parenti

CERTIFICATE OF SERVICE

I certify that on August 26, 2015, I served by a copy of this Motion on the following party via email and through the Court’s electronic filing system:

Douglas Geyser Assistant Solicitor General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Counsel for Appellee Texas Department of Transportation

/s/ Meredith B. Parenti Meredith B. Parenti