Cantu Enterprises, LLC v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

Opinion

ACCEPTED 03-15-00516-CV 8013937 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/30/2015 2:20:55 PM JEFFREY D. KYLE CLERK No. 03-15-00516-CV __________________________________________________________________ FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS For the Third Judicial District 11/30/2015 2:20:55 PM Austin, Texas JEFFREY D. KYLE Clerk __________________________________________________________________

CANTU ENTERPRISES, LLC

Appellant,

v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS

Appellees. __________________________________________________________________

ON APPEAL FROM THE 353RD DISTRICT COURT, TRAVIS COUNTY, TEXAS TRIAL COURT CAUSE NO. D-1-GN-13-004369 __________________________________________________________________

APPELLANT’S THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF __________________________________________________________________

RYAN LAW FIRM, LLP Doug Sigel Texas Bar No. 18347650 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601

Counsel for Cantu Enterprises, LLC TO THE HONORABLE THIRD COURT OF APPEALS:

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

Enterprises, LLC (“Cantu”) files this Third Unopposed Motion for Extension of

Time to File Appellant’s Brief.

The Appellant’s Brief is currently due on December 14, 2015.

Counsel for Cantu requests a 30-day extension of time to file the Appellant’s

Brief, making the brief due on January 13, 2016. This is the third request for

extension of time to file the Appellant’s Brief.

Counsel for Appellant 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 for Dish Network, L.L.C., is preparing for both a

hearing and a trial 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. The hearing is scheduled to be held on

December 3, 2015, and the trial is scheduled to be held on December 7, 2015.

• The undersigned counsel is preparing an Appellants’ Reply Brief in Duke

Realty Limited Partnership and Huffmeister Development v. Harris County

APPELLANT’S THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF PAGE 2 Appraisal District, No. 14-15-00543-CV, in the Fourteenth Court of Appeals, which

is due to be filed on December 7, 2015.

• The undersigned counsel is preparing for oral argument in Hallmark

Marketing Company, LLC v. Glenn Hegar, Comptroller of Public Accounts of the

State of Texas, and Ken Paxton, Attorney General of the State of Texas, Case No.

14-1075, in the Supreme Court of Texas, scheduled to be held on December 9, 2015.

• The undersigned counsel for Owens Corning, is preparing for a hearing in

the case, styled Owens Corning 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-15-001998; in the 53rd Judicial District Court of Travis County, Texas,

scheduled to be held on December 10, 2015.

Counsel for Appellant seeks this extension of time to be able to prepare a

cogent and succinct brief 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 Appellant’s Brief by December 14, 2015. This request is not sought for

delay but so that justice may be done.

The undersigned has conferred with Shannon Ryman, counsel for the

Appellees, and she has indicated that she does not oppose this motion.

APPELLANT’S THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF PAGE 3 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, Appellant requests that this Court grant this

Third Unopposed Motion for Extension of Time to File Appellant’s Brief and extend

the deadline for filing the Appellant’s Brief up to and including January 13, 2016.

Appellant requests all other relief to which it may be entitled.

Respectfully submitted,

/s/ Doug Sigel Doug Sigel Texas Bar No. 18347650 Doug.Sigel@RyanLawLLP.com RYAN LAW FIRM, LLP 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601

Counsel for Cantu Enterprises, LLC

CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred with opposing counsel, Shannon Ryman, on November 30, 2015, and Ms. Ryman is not opposed to this motion.

/s/ Doug Sigel Doug Sigel

APPELLANT’S THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF PAGE 4 CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Appellant’s Third Unopposed Motion for Extension of Time to File Appellant’s Brief was served on Appellees, through counsel of record, Shannon Ryman, Office of the Attorney General, Financial Litigation, Tax & Charitable Trusts Division, William P. Clements Building, 300 W. 15th Street, 11th Floor, Austin, Texas 78701, Shannon.Ryman@texasattorney general.gov by electronic mail and electronic service on November 30, 2015.

APPELLANT’S THIRD UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF PAGE 5