Baxter Oil Service, Ltd. v. Texas Commission on Environmental Quality

Opinion

ACCEPTED 03-15-00446-CV 7922804 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/20/2015 11:14:07 AM JEFFREY D. KYLE CLERK

NO. 03-15-00446-CV FILED IN 3rd COURT OF APPEALS IN THE AUSTIN, TEXAS

COURT OF APPEALS FOR THE 11/20/2015 11:14:07 AM JEFFREY D. KYLE THIRD COURT OF APPEALS D ISTRICT Clerk AUSTIN, TEXAS ______________

BAXTER OIL SERVICE, LTD. APPELLANT

VERSUS

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY APPELLEE ______________

APPEAL FROM THE 345TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS NO. D-1-GN-1-0-000772

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

NOW COMES Appellant Baxter Oil Service, Ltd. and files this Unopposed Motion

for Extension of Time to File Reply Brief, and in support thereof would respectfully

show the Court as follows:

1. Appellant filed its opening brief on September 25, 2015. Appellee Texas

Commission on Environmental Quality requested an extension of time within which

to file its brief, which Appellant did not oppose and which was granted. Appellee

{00076037} thus filed its Brief of Appellee on November 13, 2015, making Appellant’s reply

brief due December 3, 2015.

2. Appellant hereby requests a 20-day extension for filing its reply brief such

that the reply brief will be due December 23, 2015. The undersigned counsel has a

previously-scheduled family trip during the week of Thanksgiving as well as several

other deadlines in pending cases.

3. Counsel for Appellant contacted counsel for Appellee, who indicated that the

requested extension is unopposed.

4. This is Appellant’s first request for an extension for filing its reply brief and

the extension is not sought for delay, but so that justice may be had.

WHEREFORE Appellant prays that this Motion be granted such that Appellant’s

reply brief be considered timely filed on or before December 23, 2015, and this Court

award Appellant such other and further relief, both general and special, at law or in

equity, to which it may be entitled.

{00076037} –2– Respectfully submitted, PULMAN, CAPPUCCIO, PULLEN, BENSON & JONES, LP 2161 NW Military Highway, Suite 400 San Antonio, Texas 78213 www.pulmanlaw.com (210) 222-9494 Telephone (210) 892-1610 Facsimile

By: /s/ Leslie Sara Hyman Elliott S. Cappuccio Texas State Bar No. 24008419 ecappuccio@pulmanlaw.com Leslie Sara Hyman Texas State Bar No. 00798274 lhyman@pulmanlaw.com

ATTORNEYS FOR APPELLANT

{00076037} –3– CERTIFICATE OF SERVICE

I certify that on the 20th day of November, 2015, the foregoing Appellant’s

Unopposed Motion for Extension of Time to File Reply Brief was served in

accordance with the Texas Rules of Appellate Procedure addressed as follows:

Via Email to thomas.edwards@texasattorneygeneral.gov: Mr. Thomas H. Edwards Via Email to craig.pritzlaff@texasattorneygeneral.gov: Mr. Craig Pritzlaff Office of the Attorney General Environmental Protection Division P.O. Box. 12548, Capitol Station Austin, Texas 78711

/s/ Leslie Sara Hyman Leslie Sara Hyman

{00076037} –4–