in Re Steven C. Phillips

Opinion

FILED 14-0797 5/7/2015 10:40:07 AM tex-5188684 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK

NO. 14-0797

IN THE SUPREME COURT OF TEXAS

IN RE STEVEN C. PHILLIPS, RELATOR.

ON PETITION FOR WRIT OF MANDAMUS TO THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

RESPONDENT’S UNOPPOSED MOTION FOR 14-DAY EXTENSION TO FILE BRIEF ON THE MERITS

TO THE HONORABLE SUPREME COURT OF TEXAS:

COMES NOW, Respondent Glenn Hegar, Comptroller of Public

Accounts of the State of Texas, and files this Unopposed Motion for 15-Day

Extension within which to file the Comptroller’s Brief on the Merits.

A. FACTS SUPPORTING EXTENSION

1. Petitioner is Steven C. Phillips (“Phillips”). Respondent is Glenn

Hegar, Comptroller of Public Accounts of the State of Texas

(“Comptroller”).

2. The present deadline for the Comptroller’s Brief is May 11, 2015.

1 3. The Comptroller respectfully requests a 15-day extension of time.

4. Relator Phillips is unopposed to the extension of time sought in this

motion.

5. If extended by 15 days, the applicable deadline would be May 26, 2015

(the Tuesday following Memorial Day, which is May 25, 2015).

B. ARGUMENT & AUTHORITIES

6. The Court has the authority to grant extensions under Texas Rules of

Appellate Procedure 10.5(b) and 55.7.

7. Comptroller has not sought any extension for this filing previously and

seeks an extension due to lead counsel’s unanticipated absences from

the office since the filing of Relator’s brief and the departure of prior

co-counsel, necessitating a substitution of co-counsel.

8. This extension is not being sought for purposes of delay but rather so

that justice is done and so that this Court may be fully apprised of the

issues before it in this case.

C. PRAYER

For these reasons, the Comptroller requests an additional 15 days

within which to file his Brief.

2 Respectfully submitted, KEN PAXTON Attorney General

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Defense Litigation

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

/s/ Lesli G. Ginn LESLI GATTIS GINN State Bar No. 24050664 Deputy Division Chief JENNIFER S. JACKSON State Bar No. 24060004 Assistant Attorney General Financial Litigation, Tax, and Charitable Trusts Division P.O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 936-0538 Telecopier: (512) 477-2348 Lesli.Ginn@texasattorneygeneral.gov Jennifer.Jackson@texasattorneygeneral .gov Counsel for Respondent Glenn Hegar, Comptroller of Public Accounts of the State of Texas

3 CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with Matthew Wymer, counsel for Relator Phillips, and that he is not opposed to the foregoing motion.

/s/ Lesli G. Ginn

LESLI GATTIS GINN

CERTIFICATE OF SERVICE I hereby certify that on this 7th of May, 2014, a true and correct copy of the foregoing Respondent’s Unopposed Motion for 15-Day Extension to File Brief on the Merits was served on the following attorneys of record, via eFileTexas.gov service and/or as otherwise indicated below:

Matthew Wymer mwymer@bmpllp.com Marisa Resendez mresendez@bmpllp.com Beirne, Maynard & Parsons LLP 112 E. Pecan, Suite 2750 San Antonio, Texas 78205 Counsel for Relator

/s/ Lesli G. Ginn LESLI GATTIS GINN