State v. Erasmo Montalvo

Opinion

ACCEPTED

03-13-00370-CV

5418084

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/26/2015 2:25:41 PM

JEFFREY D. KYLE

CLERK

NO. 03-13-00370-CV

FILED IN

3rd COURT OF APPEALS

AUSTIN, TEXAS

IN THE THIRD COURT OF APPEALS 5/26/2015 2:25:41 PM JEFFREY D. KYLE

Clerk

THE STATE BOARD OF EDUCATOR CERTIFICATION and MICHAEL BARRY, THE ACTING CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR EDUCATOR CERTIFICATION, IN HIS OFFICIAL CAPACITY ONLY, Appellant v.

ERASMO MONTALVO, Appellee

Original Proceeding from the 200th District Court, Travis County, Texas

UNOPPOSED AMENDED MOTION TO EXTEND TIME TO FILE APPELLEE’S RESPONSE BRIEF

BRIM, ARNETT, ROBINETT, CONNERS & MC CORMICK, P.C. Mark Robinett

State Bar No. 17083600 Corey Tanner

State Bar No. 24071193

2525 Wallingwood Drive, Bldg. 14 Austin, Texas 78746

Telephone: (512) 328-0048 Facsimile: (512) 328-4814

Counsel for Erasmo Montalvo

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Identity of Parties and Counsel

Appellant/Plaintiff: Plaintiff/Appellant’s Appellate Counsel:

Brim, Arnett & Robinett, Mark W. Robinett State Bar No. 17083600 Corey Tanner State Bar No. 24071193 2525 Wallingwood Drive, Bldg. 14 Austin, Texas 78746 Telephone: (512) 328-0048 Facsimile: (512) 328-4814

Appellees/Defendants: Relator’s Counsel:

Douglas D. Geyser Ellen Sameth Assistant Attorneys General Office of the Attorney General of Texas Administrative Law Division PO Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4200 Facsimile: (512) 320-0167

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TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.5(B) and 55.7, the Appellee, Erasmo

Montalvo, files his Unopposed Motion to Extend Time to File a Response to

Relator’s Petition for Writ of Mandamus and Motion for Temporary Relief.

Mr. Montalvo’s response is due May 28, 2015.

Counsel for Montalvo requests a 30 day extension of time to file his response,

making the response due on June 29, 2015. This is the first request for

extension of time to file the response.

Counsel for Mr. Montalvo relies on the following reasons to explain the need

for the requested extension:

 Counsel for Montalvo has been out of the office for extended periods,

traveling to serve the needs of his clients around the state,

 Spring is the busiest season for Montalvo’s counsel, and it has been

necessary to prepare a number of other cases that have required the

majority of his time and focus.

There have been no previous extensions granted in this cause.

This request is not sought for delay but so that justice may be done.

Appellee’s counsel has conferred with Ellen Sameth, counsel for the

Appellants, and she has indicated she does not oppose this motion.

All facts recited in this motion are within the personal knowledge of the

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counsel signing this motion; therefore no verification is necessary under Texas Rule

of Appellate Procedure 10.2.

PRAYER FOR RELIEF

For the reasons set forth above, the Real Party in Interest, Erasmo Montalvo,

requests that this Court grant this Unopposed Motion to Extend Time to File Mr.

Montalvo’s response and extend the deadline for filing the response to June 29,

2015.

Respectfully submitted,

BRIM, ARNETT & ROBINETT, P.C.

/S/ Mark W. Robinett

Mark W. Robinett State Bar No. 17083600 2525 Wallingwood Drive, Bldg. 14 Austin, Texas 78746 Telephone: (512) 328-0048 Facsimile: (512) 328-4814

Attorney for Erasmo Montalvo

CERTIFICATE OF CONFERENCE

Pursuant to TEX. R. APP. P. 10.1(5), I certify that the undersigned has conferred with Ellen Sameth, opposing counsel, who stated that she does not oppose this motion.

/S/ Mark W. Robinett Mark W. Robinett

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CERTIFICATE OF SERVICE

Pursuant to TEX. R. APP. P. 9.5, I certify that on May 26, 2015, a copy of this motion was sent via the Court’s electronic filing system to the following:

Ellen Sameth Douglas D. Geyser Assistant Attorney General Office of the Attorney General of Texas Administrative Law Division PO Box 12548, Capitol Station Austin, Texas 78711-2548 Counsel for the State Board for Educator Certification

/S/ Mark W. Robinett Mark Robinett