Harris County Hospital District v. Public Utility Commission of Texas

Opinion

ACCEPTED 03-15-00386-CV 6790344 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/3/2015 4:01:39 PM JEFFREY D. KYLE CLERK

NO. 03-15-00386-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/3/2015 4:01:39 PM JEFFREY D. KYLE HARRIS COUNTY HOSPITAL DISTRICT, Clerk Appellant, v.

PUBLIC UTILITY COMMISSION OF TEXAS, Appellee.

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

Appellee, the Public Utility Commission of Texas, files this unopposed

motion to extend the time for filing appellee’s brief for fourteen days to

October 12, 2015.

1. The Appellee’s brief is due on September 28, 2015.

2. Appellee requests a fourteen-day extension to October 12, 2015.

3. The press of other business prevents counsel for Appellee from

preparing a brief that will be helpful to the Court by the current deadline.

Counsel attended and presented at UT’s Advanced Texas Administrative

Law Seminar August 31 and September 1, she has a long-planned and paid-

for vacation from September 9–15, 2015, and has oral argument in this

Court in Entergy Texas, Inc. v. Public Utility Commission, No. 03-14-

00735-CV on September 23, 2015. Thus, she will not be able to

2

substantially work on this brief until after the September 23, 2015 oral

argument.

4. This is the first request Appellee has made for an extension of

time to file appellee’s brief.

5. Counsel for Harris County Hospital District has been contacted

and does not oppose this motion for extension of time to file appellees’

brief.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

JON NIERMANN Division Chief Environmental Protection Division

/s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling Assistant Attorney General Texas State Bar No. 19171100

3

Environmental Protection Division Office of the Attorney General P.O. Box 12548, MC-066 Austin, Texas 78711-2548 512.463.2012 512.457-4616 FAX Elizabeth.Sterling@texasattorneygeneral.gov

COUNSEL FOR PUBLIC UTILITY COMMISSION OF TEXAS

Certificate of Conference

I have contacted counsel for Harris County Hospital District, the only other party in this case. Appellant District does not oppose the motion.

/s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling

4

Certificate of Service

I hereby certify that on this the 3rd day of September 2015, a true and correct copy of the foregoing document was served on the following counsel electronically, through an electronic filing service, with a copy by email:

Bruce S. Powers Harris County Assistant County Attorney 1019 Congress, 15th Floor Houston, Texas 77002 (713) 274-5144 (telephone) (713) 755-8924 (facsimile) bruce.powers@cao.hctx.net

ATTORNEYS FOR HARRIS COUNTY HOSPITAL DISTRICT

/s/ Elizabeth R. B. Sterling Elizabeth R. B. Sterling