Texas Department of Family and Protective Services v. Brilliant Starts Learning Academy, L.L.C.

Opinion

ACCEPTED 03-15-00363-CV 6142774 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/20/2015 4:13:25 PM JEFFREY D. KYLE CLERK CASE NO. 03-15-00363-CV

FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD JUDICIAL DISTRICT AT AUSTIN, TEXAS 7/20/2015 4:13:25 PM JEFFREY D. KYLE Clerk TEXAS DEPARTMENT OF FAMILY & PROTECTIVE SERVICES,

Appellant,

v.

BRILLIANT STARTS LEARNING ACADEMY, L.L.C.

Appellee.

On Appeal from the 207TH District Court, Comal County, Texas; Cause No. C2015-0676B; before the Honorable Dib Waldrup

APPELLANT’S AGREED SECOND MOTION TO EXTEND TIME TO FILE BRIEF

KEN PAXTON Pat Tulinski Attorney General of Texas State Bar No. 20283485 Assistant Attorney General CHARLES E. ROY TEXAS ATTORNEY GENERAL’S OFFICE First Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 JAMES E. DAVIS Telephone: (512) 475-4170 Deputy Attorney General for Facsimile: (512) 320-0167 Civil Litigation pat.tulinski@texasattorneygeneral.gov Attorneys for Appellant DAVID A. TALBOT, JR. Chief, Administrative Law Division

Page 1 of 4 Cause No. 03-15-00363-CV

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Now comes Appellant Texas Department of Family & Protective Services,

asking the Court to extend the time to file its brief in Cause Number 03-15-

00363-CV; Trial Court Cause Number C2015-0676B.

Appellant is the Texas Department of Family & Protective Services.

Appellee is Brilliant Starts Learning Academy, L.L.C. There is no specific

deadline to file this motion to extend. See Tex. R. App. P. 38.6(d). Appellant

has conferred with counsel for Appellee, and this second request for extension is

agreed or unopposed.

The Court has the authority under Texas Rule of Appellate Procedure

38.6(d) to extend the time to file a brief. The Department’s brief is presently

due on July 22, 2015. The Department requests an additional forty (40) days to

file its brief. If granted, the new due date will be September 1, 2015.

This extension is necessary because counsel for the Department has a

gravely ill family member out-of-state and in hospice care. Counsel is taking a

30-day leave of absence from the Office of the Texas Attorney General to travel

to New Jersey to help take care of her dying family member. The leave

commences before the Department’s brief is due and extends through and

beyond the present due date.

Page 2 of 4 Cause No. 03-15-00363-CV

Counsel for the Department was the sole attorney present and participating

at the multi-day hearing on the Temporary Injunction, and she is uniquely

familiar with the facts and law involved in this case. There is no other attorney

prepared or equipped to handle this matter for the Department on the present

timeline. Further, the legal and factual issues are moderately complex and

require sufficient time to address them properly.

This is the Department’s second motion to extend the deadline, and the

request is not sought for purposes of delay but to see that justice is done.

For these reasons, Appellant respectfully requests that this Court grant this

40-day extension of time to file its brief, to be due on September 1, 2015.

SIGNED this 20th day of July, 2015.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR. Chief, Administrative Law Division

Page 3 of 4 Cause No. 03-15-00363-CV /s/ Pat Tulinski Pat Tulinski TBN 20283485 Assistant Texas Attorney General Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4170 Facsimile: (512) 320-0167 pat.tulinski@texasattorneygeneral.gov

CERTIFICATE OF CONFERENCE

Pursuant to TRAP 10.1(a)(5), counsel for Appellant conferred with counsel for Appellee and obtained consent to file this motion as agreed or unopposed.

/s/ Pat Tulinski Pat Tulinski

CERTIFICATE OF SERVICE

I certify that, on July 20, 2015, a true and correct copy of the Appellant’s Agreed Second Motion to Extend Time to File Brief was transmitted by electronic filing and e-mail on the 20th day of July, 2015 to the party of record as shown below:

Brilliant Starts Learning Gregory B. Cagle Academy, L.L.C. Regional Attorney Appellee Texas Municipal Police Association 1602B State St. Houston, TX 77007 Telephone: (713) 489-4789 Facsimile: (713) 489-4792 gcagle@tmpalawyer.com

/s/ Pat Tulinski Pat Tulinski

Page 4 of 4 Cause No. 03-15-00363-CV