Texas Department of Criminal Justice v. Maurie Levin, Naomi Terr, and Hilary Sheard

Opinion

ACCEPTED

03-15-00044-CV

4608934

THIRD COURT OF APPEALS

AUSTIN, TEXAS

3/23/2015 4:42:22 PM

JEFFREY D. KYLE

CLERK

No. 03-15-00044-CV

FILED IN

In the Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS

for the Third Judicial District 3/23/2015 4:42:22 PM Austin, Texas JEFFREY D. KYLE Clerk

TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

Appellant,

v.

MAURIE LEVIN, NAOMI TERR, AND HILARY SHEARD,

Appellees.

On Appeal from the

201st Judicial District Court of Travis County, Texas

UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE APPELLANT’S OPENING BRIEF

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

Appellant Texas Department of Criminal Justice requests a 30-day

extension of the deadline to file Appellant’s opening brief. No prior

extension of this deadline has been sought. This extension request is not

opposed.

The opening brief is currently due March 27, 2015. The requested

30-day extension, if granted, would make the brief due on or before April

27, 2015.

There is good reason to grant the requested extension, which is not

sought for any improper purpose. Appellant is represented by new lead

counsel on appeal, who requires time to review the record and research

the legal issues prior to preparing and filing the opening brief. Moreover,

Appellant’s counsel has had and will continue to have a significant

workload in other matters that makes it impossible to complete by the

current deadline a brief that would be helpful to the Court. That

workload includes, but is not limited to, responding by April 1 to four

separate appellees’ briefs—totaling over 55,000 words—and three

separate amicus curiae briefs—totaling over 18,000 words—in a suit

challenging the Texas Voter ID law. See Veasey v. Abbott, No. 14-41127,

in the United States Court of Appeals for the Fifth Circuit.

PRAYER

For these reasons, the Court should extend to April 27, 2015, the

deadline for filing Appellant’s opening brief.

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Respectfully submitted.

KEN A. PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

SCOTT A. KELLER Solicitor General

/s/ Richard B. Farrer RICHARD B. FARRER Assistant Solicitor General State Bar No. 24055470 OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-1823 Fax: (512) 474-2697 richard.farrer@texasattorneygeneral.gov

COUNSEL FOR APPELLANT TEXAS DEPARTMENT OF CRIMINAL JUSTICE

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CERTIFICATE OF CONFERENCE

I certify that I conferred by email with counsel for Appellees, Philip

Durst, who indicated that this motion is not opposed.

/s/ Richard B. Farrer Richard B. Farrer Counsel for Appellant

CERTIFICATE OF SERVICE

On March 23, 2015, the foregoing document was served via File &

ServeXpress and e-mail on counsel for Appellees:

Philip Durst Manuel Quinto-Pozos DEATS, DURST, OWEN & LEAVY, PLLC 1204 San Antonio, Suite 203 Austin, Texas 78701 [Tel] (512) 474-6200 [Fax] (512) 474-7896 pdurst@ddollaw.com mqp@ddollaw.com

Maurie Amanda Levin LAW OFFICE OF MAURIE LEVIN 614 South 4th St. #346 Philadelphia, Pennsylvania 19147 [Tel] (512) 294-1540 [Fax] (215) 733-9225 maurielevin@gmail.com /s/ Richard B. Farrer Richard B. Farrer Counsel for Appellant