Hermenia Jenkins v. Crosby Independent School District and Michael L. Williams in His Official Capacity as State Commissioner of Education

Opinion

ACCEPTED 03-15-00313-CV 6263484 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/28/2015 6:02:30 PM JEFFREY D. KYLE CLERK No. 03-15-00313 __________________________________________________________________ FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN 7/28/2015 6:02:30 PM __________________________________________________________________ JEFFREY D. KYLE Clerk HERMENIA JENKINS, Appellant,

v.

CROSBY INDEPENDENT SCHOOL DISTRICT, and MICHAEL L. WILLIAMS, COMMISSIONER OF EDUCATION, Appellees. __________________________________________________________________ Unopposed Motion for Extension of Time to File Appellee’s Brief __________________________________________________________________

To the Honorable Third Court of Appeals:

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

Procedure, the Appellee Commissioner of Education asks for a forty-five

(45) day extension of time to file his brief.

1. The Appellant Hermenia Jenkins filed her brief on July 10, 2015.

2. The Appellee Commissioner of Education’s brief is currently

due on August 9, 2015, and granting this request would make the brief due

no later than September 24, 2015. 3. The Appellee Commissioner seeks this extension because

counsel has other pending obligations that require filing this motion.

4. This is the Commissioner’s first request for an extension and is

not for purposes of delay.

5. Appellant Hermenia Jenkins and Appellee Crosby ISD do not

oppose this motion.

6. The parties and the Court will not be prejudiced by the

granting of this motion.

Accordingly, the Appellee Commissioner asks for a 45-day extension

of time to file his brief so it will be due no later than September 24, 2015.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

DAVID C. MATTAX Deputy Attorney General for Defense Litigation

DAVID A. TALBOT, JR. Chief, Administrative Law Division

/s/ Andrew Lutostanski ANDREW LUTOSTANSKI

2 State Bar No. 24072217 Assistant Attorney General Office of the Attorney General of Texas Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: (512) 475-4200 Fax: (512) 320-0167 andrew.lutostanski@texasattorneygeneral.gov Attorneys for the Commissioner

CERTIFICATE OF CONFERENCE

I certify that on July 28, 2015 I conferred with counsel for Ms. Jenkins and Crosby ISD by email and they are unopposed to this motion.

/s/ Andrew Lutostanski Andrew Lutostanski

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document has been served on July 28, 2015 on the following by e-service and/or email:

Kevin Lungwitz State Bar No. 12698790 Elizabeth Poole State Bar No. 24051201 The Lungwitz Law Firm, P.C. 3005 S. Lamar Blvd. Box D-109-362 Austin, Texas 78704 Phone: (512) 461-0188 Fax: (866) 739.7138 Kevin@LungwitzLaw.com Elizabeth@LungwitzLaw.com Attorneys for Ms. Jenkins

3 David B. Hodkins State Bar No. 09775530 Rebecca R. Weimer State Bar No. 24062597 Thompson & Horton L.L.P. 3200 Southwest Freeway, Suite 2000 Houston, Texas 77027 Phone: (713) 554-6745 Fax: (713) 583-8245 DHodgins@thompsonhorton.com RWeimer@thompsonhorton.com Attorneys for Crosby ISD

/s/ Andrew Lutostanski Andrew Lutostanski