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 8251385 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/15/2015 4:27:04 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00534-CV In the Court of Appeals FILED IN For the Third Judicial District 3rd COURT OF APPEALS Austin, Texas AUSTIN, TEXAS 12/15/2015 4:27:04 PM JEFFREY D. KYLE FITNESS INTERNATIONAL, LLC, Clerk Appellant & Cross-Appellee,

v.

GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS AND KEN PAXTON, ATTORNEY GENERAL OF TEXAS, Appellees & Cross-Appellants.

On Appeal from the 200th Judicial District Court, Travis County, Texas Cause No. D-1-GN-14-003869

APPELLEES’/CROSS-APPELLANTS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE INITIAL BRIEF

KEN PAXTON JACK HOHENGARTEN Attorney General Assistant Attorney General State Bar No. 09812200 CHARLES E. ROY TEL: (512) 475-3503 First Assistant Attorney General FAX: (512) 477-2348 SHANNON RYMAN JAMES E. DAVIS Assistant Attorney General Deputy Attorney General for Defense Litigation State Bar No. 24089705 TAX DIVISION ROBERT O’KEEFE P.O. Box 12548 Division Chief, Tax Division Austin, Texas 78711 2548 TEL: (512) 475-4866 FAX: (512) 477-2348 Attorneys for Appellees/ Cross-Appellants TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Tex. R. App. P. 10.5(b) and 38.6(d), the Appellees/Cross-

Appellants, Glenn Hegar, Comptroller of Public Accounts of the State of Texas

and Ken Paxton, Attorney General of Texas (“State Officials”), file this First

Unopposed Motion to Extend Time to File their Brief.

1. As Cross-Appellants, the State Officials’ initial or opening brief is

currently due December 16, 2015.

2. The State Officials request a 30-day extension to file their initial brief,

making that brief due on January 15, 2016.

3. This is the first request for extension of time to file the State Officials’

initial brief.

4. As reasonable explanation for the extension, the State Officials show the

following. The Appellant, Fitness International L.L.C. (“Fitness”), has

requested and received a 30-day extension, so that its initial brief is due

on January 15, 2016. So that the issues in this appeal are cogently

briefed and presented to the court, the Appellants and Cross-Appellants

should be given the same due date for their initial briefs. Further, the

undersigned attorney will be out of the office during the Christmas and

New Years’ holidays. Finally, the extension is necessitated by other

Appellees’/Cross-Appellants’ First Unopposed 2 Motion to Extend Time to File Brief cases on the undersigned attorneys’ docket including Cause No. D-1-GV-

14-000474, Silicon Laboratories, Inc. v. Hegar, et al. and Cause No. D-

1-GN-15-000302 in which discovery ends on January 29, 2016. The

undersigned attorney must complete review of current discovery,

including thousands of pages of documents, and complete additional

discovery including depositions by this deadline.

5. This request is not for purposes of delay but so that justice may be done

and this court fully apprised of the issues before it.

PRAYER

For the reasons set forth above, the State Officials, Appellees/Cross-

Appellants, request that this Court grant this First Unopposed Motion to Extend

Time to File their initial brief and extend the deadline up to and including January

16, 2016, and grant all other and further relief to which they may be entitled.

Respectfully submitted,

KEN PAXTON Attorney General

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Defense Litigation

Appellees’/Cross-Appellants’ First Unopposed 3 Motion to Extend Time to File Brief ROBERT O’KEEFE Division Chief, Tax Division

/s/ Jack Hohengarten JACK HOHENGARTEN Assistant Attorney General State Bar No. 09812200 TEL: (512) 475-3503 FAX: (512) 477-2348 TAX DIVISION P.O. Box 12548 Austin, Texas 78711-2548 TEL: (512) 475-4866 FAX: (512) 477-2348 Attorneys for Appellees/Cross-Appellants

CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(5), I certify that the undersigned conferred with opposing counsel, Doug Sigel, and Mr. Sigel is not opposed to this motion.

/s/ Jack Hohengarten JACK HOHENGARTEN Assistant Attorney General

Appellees’/Cross-Appellants’ First Unopposed 4 Motion to Extend Time to File Brief CERTIFICATE OF SERVICE

I do hereby certify that on the 15th day of December, 2015, a true and correct

copy of the foregoing was sent via e-service and/or electronic mail, as indicated

below.

Doug Sigel RYAN LAW FIRM, LLP 100 Congress Ave., Ste. 950 Austin, Texas 78701 doug.sigel@ryanlawllp.com

Attorneys for Appellant/Cross-Appellee

/s/ Jack Hohengarten JACK HOHENGARTEN Assistant Attorney General

Appellees’/Cross-Appellants’ First Unopposed 5 Motion to Extend Time to File Brief