Fitness International, 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 03-15-00534-CV 8013733 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/30/2015 2:17:34 PM JEFFREY D. KYLE CLERK No. 03-15-00534-CV

FILED IN In The Court Of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS For the Third Judicial District 11/30/2015 2:17:34 PM Austin, Texas JEFFREY D. KYLE Clerk

FITNESS INTERNATIONAL, LLC Appellant & Cross-Appellee, v. GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS Appellees & Cross-Appellants.

ON APPEAL FROM THE 200th DISTRICT COURT, TRAVIS COUNTY, TEXAS TRIAL COURT CAUSE NO. D-1-GN-14-003869

APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

RYAN LAW FIRM, LLP Doug Sigel Texas Bar No. 18347650 Amy Wills Texas Bar No. 24093379 100 Congress Avenue, Suite 950 Austin, Texas 78701 Telephone: (512) 459-6600 Facsimile: (512) 459-6601 Counsel for Fitness International, LLC TO THE HONORABLE THIRD COURT OF APPEALS:

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

International, LLC, files this First Unopposed Motion to Extend Time to File

Appellant’s Brief.

The Appellant’s Brief is currently due on December 16, 2015. Counsel for

Appellant requests a 30-day extension of time to file its Appellant’s Brief, making

the brief due on January 15, 2016. This is the first 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 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 FIRST UNOPPOSED MOTION TO EXTEND 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 16, 2015. This request is not sought for

delay but so that justice may be done.

The undersigned has conferred with Jack Hohengarten, counsel for the

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

APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND 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

First Unopposed Motion to Extend Time to File Appellant’s Brief and extend the

deadline for filing the Appellant’s Brief up to and including January 15, 2016.

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

Respectfully submitted, RYAN LAW FIRM, LLP

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

Attorney For Appellant Fitness International, LLC

CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred with opposing counsel, Jack Hohengarten, on November 23, 2015, and Mr. Hohengarten is not opposed to this motion.

/s/ Doug Sigel Doug Sigel APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF PAGE 4 CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Appellant’s First Unopposed Motion to Extend Time to File Appellant’s Brief was served on Appellees through counsel of record, Jack Hohengarten, Office of the Attorney General, Tax Division, William P. Clements Building, 300 W. 15th Street, 11th Floor, Austin, Texas 78701, by electronic mail and electronic service on November 30, 2015.

/s/ Doug Sigel Doug Sigel

APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF PAGE 5