LMV-AL Ventures, LLC// Texas Department of Aging and Disability Services and Commissioner Jon Weizenbaum, in His Official Capacity v. Texas Department of Aging and Disability Services and Commissioner Jon Weizenbaum, in His Official Capacity// Cross-Appellee, LMV-AL Ventures, LLC

Opinion

ACCEPTED

03-16-00222-CV

13099042

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/6/2016 11:51:13 AM

JEFFREY D. KYLE

CLERK

No. 03-16-00222-CV

In the Court of Appeals FILED IN 3rd COURT OF APPEALS

AUSTIN, TEXAS

for the Third Judicial District 10/6/2016 11:51:13 AM JEFFREY D. KYLE

Austin, Texas Clerk

LMV-AL Ventures, LLC,

Appellant/Cross-Appellee, v.

Texas Department of Aging and Disability Services and Commissioner Jon Weizenbaum, in his Official Capacity, Appellees/Cross-Appellants.

On Appeal from the

98th Judicial District Court, Travis County Cause no. D-1-GN-15-001219

JOINT FIRST MOTION FOR AN EXTENSION OF TIME TO FILE REPLY BRIEFS

TO THE HONORABLE THIRD COURT OF APPEALS:

1. Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), Appellant LMV-AL Ventures, LLC and Cross-Appellants Texas Department of Aging and Disability Services and Commissioner Jon Weizenbaum seek an

extension of time to file their respective reply briefs. Both reply briefs are due October 12, 2016. Appellant and Cross-Appellants seek an extension up to and including October 28, 2016.

2. All parties have agreed to this extension of time. The Court has granted no previous extensions for Appellant’s and Cross-Appellants’ reply

briefs.

3. The extension is sought to accommodate Cross-Appellants’

counsel’s workload and to allow adequate time to prepare the replies, and to ensure that Cross-Appellants’ briefing schedule remains synchronized with Appellant’s.

4. Cross-Appellants’ counsel has substantial litigation commitments in

other cases, particularly in Buck v. Davis, No. 15-8049, a capital habeas case argued in the United States Supreme Court on October 5, 2016. Although Cross-Appellants’ counsel is not lead counsel, his travel and preparation obligations for the Buck argument were significant.

5. Appellant seeks an extension so that the briefing schedule for the main appeal and the cross-appeal will remain synchronized.

6. This extension is not sought to cause delay, and it will prejudice no party.

7. For the foregoing reasons, the parties pray that the Court grant a 16-

day extension of time as requested, creating a new deadline of October 28, 2016 for Appellant’s reply and for Cross-Appellants’ reply.

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Respectfully submitted.

Ken Paxton Scott A. Keller Attorney General of Texas Solicitor General Jeffrey C. Mateer /s/ Ari Cuenin First Assistant Attorney General Ari Cuenin Assistant Solicitor General Office of the Attorney General State Bar No. 24078385 P.O. Box 12548 (MC 059) ari.cuenin@texasattorneygeneral.gov Austin, Texas 78711-2548 Eugene A. Clayborn Tel.: (512) 936-1827 Assistant Attorney General Fax: (512) 474-2697 Counsel for Cross-Appellants

/s/ Walter V. Williams (by permission) WALTER V. WILLIAMS State Bar No. 21584800 Jack M. Modesett, III Modesett Williams, PLLC 515 Congress Ave, Ste 1650 Austin, Texas 78701 Tel.: (512) 472-6097 Fax: (512) 481-0130

Counsel for Appellant LMV-AL, LLC

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Certificate of Conference I hereby certify that Appellant and Cross-Appellants have jointly agreed to seek the relief requested by this motion.

Certificate of Service

On October 6, 2016, this document was served electronically via File & ServeXpress and/or e-mail on Walter V. Williams, Modesett Williams, PLLC, 515 Congress Ave, Ste. 1650, Austin, Texas 78701, lead counsel for LMV-AL Ventures, LLC, via walter@modwill.com.

/s/ Ari Cuenin Ari Cuenin