Home/Court of Appeals of Texas/Sanadco Inc., a Texas Corporation Mahmoud Ahmed Isba Broadway Grocery, Inc. And Shariz, Inc. v. Glenn Hegar, in His Individual and Official Capacity as Comptroller of Public Accounts Office of Comptroller of Public Accounts for the State of Texas And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas

Sanadco Inc., a Texas Corporation Mahmoud Ahmed Isba Broadway Grocery, Inc. And Shariz, Inc. v. Glenn Hegar, in His Individual and Official Capacity as Comptroller of Public Accounts Office of Comptroller of Public Accounts for the State of Texas And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas

Court of Appeals of Texas·Decided May 4, 2015·No. 03-14-00771-CV·Published

Opinion

ACCEPTED 03-14-00771-CV 5139543 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/4/2015 2:19:02 PM JEFFREY D. KYLE CLERK NO. 03-14-00771-CV

In the Court of Appeals FILED IN 3rd COURT OF APPEALS for the Third Judicial District AUSTIN, TEXAS Austin, Texas 5/4/2015 2:19:02 PM JEFFREY D. KYLE Clerk SANADCO INC., MAHMOUD A. ISBA, BROADWAY GROCERY, INC., SHARIZ, INC. RUBY & SONS STORE, INC., AND RUBINA NOORANI, Appellants,

v.

THE OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS; GLEN HEGAR, IN HIS OFFICIAL CAPACITY AS COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE STATE OF TEXAS, ET AL., Appellees. On Appeal from Cause No. D-1-GN-13-004352 The 200th Judicial District Court of Travis County, Texas The Honorable Charles Ramsay, Judge Presiding

APPELLEES’ FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

KEN PAXTON ROBERT O’KEEFE Attorney General of Texas Chief, Financial and Tax Litigation Division

CHARLES E. ROY JACK HOHENGARTEN First Assistant Attorney General State Bar No. 09812200 Assistant Attorney General JAMES E. DAVIS Financial Litigation, Tax, and Deputy Attorney General for Defense Litigation Charitable Trusts Division P.O. Box 12548 Austin, Texas 78711 2548 TEL: (512) 475-3503 FAX: (512) 477 2348 jack.hohengarten@texasattorneygeneral.gov Attorneys for Appellees TO THE HONORABLE THIRD COURT OF APPEALS:

Appellees, Office of the Comptroller, Glen Hegar, in his Official Capacity as

Comptroller of Public Accounts of the State of Texas, and Ken Paxton in his

Official Capacity as Attorney General of Texas (the “State Officials”), pursuant to

TEX. R. APP. P. 10.5 and 38.6 file this unopposed motion for extension of time to

file appellees’ brief.

The Appellees’ Brief is currently due: May 6, 2015.

Counsel for Appellees requests a 20-day extension of time to file their brief,

making the brief due on May 26, 2015. This is the first request for extension of

time to file the Appellees’ Brief.

Counsel for Appellees seeks this extension for the following reasons.

Counsel below has critical and multiple discovery deadlines this month in Kroger

Texas, L.P. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas,

and Ken Paxton, Attorney General of the State of Texas, Cause No. D-1-GN-14-

001929, in the 201st District, Travis County, Texas; Fitness International, LLC v.

Glenn Hegar, Comptroller of Public Accounts of the State of Texas and Ken

Paxton, Attorney General of Texas, Cause No. D-1-GN-14-003869, in the 98th

District Court of Travis County, Texas; and State of Texas v. Retirement Value,

Appellees’ First Unopposed Motion for 2 Extension of Time to File Brief LLC, Richard H. “Dick” Gray, Bruce Collins, et al., Cause No. D-1-GV-10-

000454, in the 126th Judicial District Court; Travis County, Texas.

PRAYER

For the reasons set forth above, Appellees request that this Court grant this

Unopposed First Motion to Extend Time to File Brief, and extend the deadline for

filing the Appellees’ Brief up to and including May 26, 2015. Appellees also

request all other relief to which they may be entitled.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Defense Litigation

ROBERT O’KEEFE Chief, Financial and Tax Litigation Division

/s / Jack Hohengarten JACK HOHENGARTEN State Bar No. 09812200 Assistant Attorney General Financial Litigation, Tax, and Charitable Trusts Division P.O. Box 12548 Austin, Texas 78711 2548

Appellees’ First Unopposed Motion for 3 Extension of Time to File Brief TEL: (512) 475-3503 FAX: (512) 477 2348 jack.hohengarten@texasattorneygeneral.gov

Attorneys for Appellees, Glen Hegar, Comptroller of Public Accounts of the State of Texas and Ken Paxton, Attorney General of the State of Texas

CERTIFICATE OF CONFERENCE

I certify that on Friday, May 1, 2015, I conferred with the attorney for Appellants via electronic mail, Samuel T. Jackson, regarding the filing of the foregoing document, and Mr. Jackson is unopposed to the filing of this motion for extension of time to file appellees’ brief.

/s / Jack Hohengarten Jack Hohengarten

CERTIFICATE OF SERVICE

I certify that on this 4th day of May, 2015, a true and correct copy of the foregoing document, Appellees’ First Unopposed Motion for Extension of Time to File Brief, has been sent to the attorney for appellants via e-service and/ or electronic mail, as follows:

Samuel T. Jackson Law Office of Samuel T. Jackson P.O. Box 170633 Arlington, TX 76003-0633 jacksonlaw@hotmail.com /s / Jack Hohengarten Jack Hohengarten

Appellees’ First Unopposed Motion for 4 Extension of Time to File Brief

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Sanadco Inc., a Texas Corporation Mahmoud Ahmed Isba Broadway Grocery, Inc. And Shariz, Inc. v. Glenn Hegar, in His Individual and Official Capacity as Comptroller of Public Accounts Office of Comptroller of Public Accounts for the State of Texas And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas, (Tex. Ct. App. 2015).

Sanadco Inc., a Texas Corporation Mahmoud Ahmed Isba Broadway Grocery, Inc. And Shariz, Inc. v. Glenn Hegar, in His Individual and Official Capacity as Comptroller of Public Accounts Office of Comptroller of Public Accounts for the State of Texas And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas (Sanadco Inc., a Texas Corporation Mahmoud Ahmed Isba Broadway Grocery, Inc. And Shariz, Inc. v. Glenn Hegar, in His Individual and Official Capacity as Comptroller of Public Accounts Office of Comptroller of Public Accounts for the State of Texas And Ken Paxton, in His Official Capacity as Attorney General of the State of Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.