Jeff Kaiser, P.C. and Jeffery Benedict Kaiser, A/K/A Jeffrey B. Kaiser v. State

Opinion

ACCEPTED 03-15-00019-CV 5800790 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/24/2015 10:38:42 AM JEFFREY D. KYLE CLERK No. 03-15-00019-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 6/24/2015 10:38:42 AM JEFFREY D. KYLE Clerk

JEFF KAISER, P.C. AND JEFFERY BENEDICT KAISER Appellants,

VS.

THE STATE OF TEXAS, Appellee.

Appeal from the 98th District Court of Travis County, Texas, No. D-1-GV-13-000790, Honorable John Wisser presiding

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

KEN PAXTON SEAN M. O’NEILL Attorney General of Texas Assistant Attorney General State Bar No. 24070354 CHARLES E. ROY sean.oneill@texasattorneygeneral.gov First Assistant Attorney General KEVIN R. SAUER Assistant Attorney General JAMES E. DAVIS State Bar No. 24088355 Deputy Attorney General for Litigation kevin.sauer@texasattorneygeneral.gov Bankruptcy & Collections Division RONALD R. DEL VENTO P.O. Box 12548 Assistant Attorney General Austin, Texas 78711-2548 Chief, Bankruptcy & Collections (512) 463-2173 Division (512) 482-8341 (FAX) TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10.1, 10.5(b), and 38.6(d),

Appellee, the State of Texas, files this Unopposed First Motion to Extend Time to

File Appellee’s Brief. Appellee requests a 30-day extension of time, until and

including July 31, 2015, in which to file its Appellee’s Brief, and would show the

Court the following:

Introduction

1. Appellants are Jeff Kaiser, P.C. and Jeffery Benedict Kaiser.

2. Appellee is the State of Texas.

3. Appellants’ filed their brief on June 1, 2015.

4. Appellee’s brief is currently due on July 1, 2015.

Reason for Extension

5. Appellee requests additional time due to recent conflicts regarding Counsel

for Appellee including multiple discovery deadlines and hearings, including:

a. State of Texas v. Homestead Club Ventures, LLC and Patricia Foster

Kupritz, No. D-1-GN-15-000732, 126th Judicial District Court of

Travis County, Texas – June 29, 2015 deadline for Plaintiff’s Response

to Defendants’ Request for Admissions and Interrogatories;

No. 03-15-00019-CV – APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF 2 b. State of Texas et al. v. Southlake Aviation, LLC and David Disiere, No.

D-1-GN-14-004231, 98th Judicial District Court of Travis County,

Texas – Hearing on Motion to Compel set for June 30, 2015;

c. James Michael Weaver v. State of Texas, No. D-1-GV-13-000563,

201st Judicial District Court of Tarrant County, Texas, – Hearing on

Motion for Summary Judgment set for July 1, 2015;

d. State of Texas and the City of Arlington, Texas v. Mohammed Khelif

a/k/a Muhammad Subhi Khelif, No. D-1-GV-14-000110, 250th Judicial

District Court of Tarrant County, Texas, – Hearing on Motion for

Summary Judgment set for July 1, 2015;

e. State of Texas et al. v. Nicolasa I. Zuniga a/k/a Nicolasa Ibarra Zuniga,

No. D-1-GN-14-003238, 53rd Judicial District Court of Tarrant

County, Texas, – Hearing on Motion for Summary Judgment set for

July 2, 2015; and

f. State of Texas et al. v. Jacob K. Maxwell, No. D-1-GN-14-004282,

126th Judicial District Court of Tarrant County, Texas, – Hearing on

Motion for Summary Judgment set for July 2, 2015.

6. Counsel for Appellee therefore requests a 30-day extension of time to file its

response brief, making the brief due on July 31, 2015.

No. 03-15-00019-CV – APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF 3 7. This is the first request for extension of time to file Appellee’s brief. No

prior extension has been granted to extend the time to file Appellee’s brief. This

Motion is filed not for delay, but so that justice may be done in the disposition of

this proceeding.

8. Appellants do not oppose this Motion.

Prayer

For the reasons set forth above, Appellee requests that this Court grant this

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

deadline for filing the Appellee’s Brief up to and including July 31, 2015.

No. 03-15-00019-CV – APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF 4 Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General For Civil Litigation

RONALD R. DEL VENTO Assistant Attorney General Chief, Bankruptcy & Collections Division

/s/ Sean M. O’Neill SEAN M. O’NEILL sean.o’neill@texasattorneygeneral.gov Assistant Attorney General State Bar No. 24070354 KEVIN R. SAUER Assistant Attorney General State Bar No. 24088355 kevin.sauer@texasattorneygeneral.gov Bankruptcy & Collections Division P.O. Box 12548 Austin, Texas 78711-2548 Tel: (512) 463-2173 Fax: (512) 482-8341

No. 03-15-00019-CV – APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF 5 CERTIFICATE OF CONFERENCE

Pursuant to Tex. R. App. P. 10.1(a)(5), I certify that the undersigned conferred with opposing counsel who indicated that his client does not oppose this motion.

/s/ Sean M. O’Neill SEAN M. O’NEILL

CERTIFICATE OF SERVICE

I certify a true and correct copy of the foregoing Appellee=s Motion to Extend Time to File the Brief was sent via e-service and via confirmed facsimile transmission on the 24th day of June, 2015, to:

George F. May TWOMEY | MAY, PLLC 2 Riverway, 15th Floor Houston, Texas 77056 (713) 659-0000 Telephone (832) 201-8485 Facsimile george@twomeymay.com

ATTORNEY FOR APPELLANTS, JEFF KAISER, P.C. AND JEFFERY BENEDICT KAISER

/s/ Sean M. O’Neill SEAN M. O’NEILL

No. 03-15-00019-CV – APPELLEE’S MOTION TO EXTEND TIME TO FILE BRIEF 6