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

Opinion

ACCEPTED

03-15-00044-CV

6787902

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/3/2015 3:05:17 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 9/3/2015 3:05:17 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 SEPTEMBER 14, 2015, THE DEADLINE TO FILE APPELLANT’S REPLY BRIEF

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

Appellant Texas Department of Criminal Justice requests a 14-day

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

extension of this deadline has been sought and received. This extension

request is not opposed.

The reply brief was due August 31, 2015. The requested 14-day

extension, if granted, would make the brief due on or before September

14, 2015.

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

sought for any improper purpose. 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,

significant responsibilities in the following matters:

• Veasey v. Abbott, No. 14-41127, in the United States Court of

Appeals for the Fifth Circuit (filing a motion for en banc

consideration; motion to stay the mandate pending petition for writ

of certiorari; and response to motions requesting limited remand);

and

• Matthews v. Kountze Indep. Sch. Dist., No. 14-0453, in the Texas

Supreme Court (drafting brief of amicus curiae State of Texas to be

submitted to the Court).

3

PRAYER

For these reasons, the Court should extend to September 14, 2015,

the deadline for filing Appellant’s reply brief.

4

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 September 3, 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