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

Opinion

ACCEPTED

03-15-00044-CV

5420914

THIRD COURT OF APPEALS

AUSTIN, TEXAS

5/26/2015 3:47:10 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 5/26/2015 3:47:10 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 TO JUNE 8, 2015, THE DEADLINE TO FILE APPELLANT’S OPENING BRIEF, DUE TO RECENT SEVERE WEATHER IN CENTRAL TEXAS

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

Appellant Texas Department of Criminal Justice requests a 10-day

extension of the deadline to file Appellant’s opening brief. Two prior 30-

day unopposed extensions of this deadline have been received. This

extension request is not opposed.

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

extension, if granted, would make the brief due on or before June 8, 2015.

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

sought for any improper purpose. On Memorial Day, May 25, 2015,

Central Texas experienced extremely severe weather. See, e.g., AUSTIN

AM. STATESMAN, Austin flooding: May 25, 2015, at

http://www.statesman.com/weather/austin-flooding-reader-videos-

052515/ (last visited May 26, 2015). Unfortunately, undersigned

counsel’s home was affected by the severe weather, necessitating an

immediate, significant investment of time and effort by undersigned

counsel to address the situation. The requested extension will permit

counsel to try to address the situation as needed.

PRAYER

For these reasons, the Court should extend to June 8, 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 and telephone 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 May 26, 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