Chase Carmen Hunter v. Texas Department of Insurance and David Mattax, in His Official Capacity as Commissioner of Insurance

Opinion

ACCEPTED

03-14-00737-CV

4608051

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/23/2015 4:21:47 PM

JEFFREY D. KYLE

CLERK

No. 03-14-00737-CV

In the Third Court of Appeals FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

Austin, Texas 3/23/2015 4:21:47 PM

____________________________________

JEFFREY D. KYLE

Clerk

CHASE CARMEN HUNTER

Appellant,

v.

ELEANOR KITZMAN, JULIA RATHGEBER, AND THE TEXAS DEPARTMENT OF INSURANCE

Appellees.

____________________________________________

On Appeal from the 250th Judicial District Court Cause No. D-1-GN-13-001957 Travis County, Texas

____________________________________________

APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE BRIEF

____________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Pursuant to Rules 10.5 and 38.6(d) of the Texas Rules of Appellate Procedure,

Appellees Eleanor Kitzman, Julia Rathgeber, and the Texas Department of Insurance,

(“Appellees”), move to extend the time to file the appellees’ brief by seven (7) days,

from the current deadline of March 23, 2015, to March 30, 2015.

I.

Appellees’ brief is currently due March 23, 2015. The undersigned counsel

respectfully requests a 7-day extension of time to file Appellees’ Brief, such that it

2

would instead be due on March 30, 2015. No extensions in this matter have previously

been sought by Appellees.

II.

This extension is necessary because during the 31-day period during for

preparing appellee’s brief, the undersigned counsel has (1) prepared the reply brief on

the merits for Petitioners in Glenn Hegar, Comptroller of Public Accounts of the State

of Texas, and Ken Paxton, Attorney General of The State of Texas v. Titan

Transportation, LP, No. 14-0307, filed with the Texas Supreme Court on February 24,

2015; (2) filed a waiver of response in No. 14-8131, Chase Carmen Hunter v. Andrew

Boron, Illinois Department of Insurance, National Association of Insurance

Commissioners, National Insurance Producer Registry, Eleanor Kitzman, individually

and in her official capacity, Julia Rathgeber, individually and in her official capacity,

and the Texas Department of Insurance, pending in the Supreme Court of the United

States, filed on February 26, 2015; (3) assisted with the preparation for oral argument

in W. Robert Brown v. Glenn Hegar, Comptroller of Public Accounts of the State of

Texas, and Ken Paxton, Attorney General of The State of Texas, No. 03-14-00492-CV,

in the Third Court of Appeals (argued by Mr. Eldred on March 11, 2015); and (4)

attended to extensive legislative duties as the legislative liaison for her division at the

Attorney General’s office. Appellees seek this extension of time not for delay, but in

order to adequately prepare a brief that will assist this Court in deciding the issues

presented by this appeal.

3

III.

Appellees respectfully request that this Court grant this motion and extend the

deadline for filing Appellees’ Brief to March 30, 2015.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

ROBERT O’KEEFE Division Chief Financial Litigation, Tax, and Charitable Trusts Division

/s/ Cynthia A. Morales Cynthia A. Morales Assistant Attorney General Texas State Bar No. 14417420 Financial Litigation, Tax, and Charitable Trusts Division P.O. Box 12548 Austin, Texas 78711-2548 (512) 475-4470 Phone (512) 477-2348 Fax cynthia.morales@texasattorneygeneral.gov

Counsel for Appellees

4

CERTIFICATE OF CONFERENCE

I certify that on March 23, 2015, I attempted to confer with Appellant by telephone and left a message, but was unable to reach Appellant.

/s/ Cynthia A. Morales CYNTHIA A. MORALES

CERTIFICATE OF SERVICE

I hereby certify that on March 23, 2015, the above and foregoing Appellees’

Motion for Extension of Time to File Brief was filed and served by fax and email on:

Chase Carmen Hunter 340 S. Lemon Avenue #9039 Walnut, CA 91789 chase_hunter@yahoo.com Fax: (703) 997-5999

/s/ Cynthia A. Morales CYNTHIA A. MORALES