Texas Department of Insurance—Division of Workers' Compensation and Commissioner Ryan Brannan, in His Official Capacity v. Dale Brumfield

Opinion

ACCEPTED 04-15-00473-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/3/2015 3:53:01 PM KEITH HOTTLE CLERK

NO. 04-15-00473-CV

IN THE FOURTH COURT OF APPEALS FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS _______________________________________ 12/3/2015 3:53:01 PM KEITH E. HOTTLE TEXAS DEPARTMENT OF INSURANCE - DIVISION Clerk OF WORKERS’ COMPENSATION and COMMISSIONER RYAN BRANNAN, IN HIS OFFICIAL CAPACITY, Appellants,

v.

DALE BRUMFIELD, Appellee. _______________________________________

On Appeal from the 288th Judicial District Court, Cause No. 2015CI07374 _______________________________________

APPELLANTS TEXAS DEPARTMENT OF INSURANCE - DIVISION OF WORKERS’ COMPENSATION AND COMMISSIONER BRANNAN’S UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF _______________________________________

TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:

Appellants the Texas Department of Insurance - Division of Workers’

Compensation and Commissioner Ryan Brannan respectfully move this Court for an

extension of the deadline for filing their reply brief. In support, Appellants show

the Court as follows: 1. Appellants’ reply brief is currently due on December 9, 2015.

Appellants request a thirty day extension of their briefing deadline.

2. Appellants request an extension of time based on Appellants’ counsel’s

current caseload and holiday schedule. Appellants also request the

extension based upon the need to fully address the complex issues and

briefing of this case.

3. Appellants move for this extension not to delay proceedings but to

allow their counsel sufficient time to adequately prepare and file a reply

brief that fully addresses the issues raised by Mr. Brumfield in his

response.

4. Appellants’ counsel conferred with counsel for Appellee about this

motion. The requested extension is not opposed.

Accordingly, Appellants respectfully request an extension of time up to and

including Friday, January 8, 2016 to file and serve their reply brief.

Dated: December 3, 2015.

2 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

/s/ Harold J. Liller HAROLD J. LILLER State Bar No. 24029689 Assistant Attorney General Administrative Law Division OFFICE OF THE TEXAS ATTORNEY GENERAL P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4300 Facsimile: (512) 320-0167 harold.liller@texasattorneygeneral.gov

Counsel for Appellees Texas Department of Insurance - Division of Workers' Compensation and Commissioner Ryan Brannan

3 CERTIFICATE OF CONFERENCE

On December 3, 2015 counsel for Appellants conferred with counsel for

Appellee about the contents of this motion, and Appellee’s counsel stated he is

unopposed to the requested extension.

/s/ Harold J. Liller HAROLD J. LILLER Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and forgoing

document has been served by facsimile on this date, the 3rd day of December, 2015,

on the following:

Bradley Dean McClellan State Bar No. 13395980 Of Counsel, THE LAW OFFICES OF RICHARD PENA, P.C. 1701 Director’s Blvd., Suite 110 Austin, Texas 78744 Facsimile: (512) 327-8354 Email: Brad.McClellan@yahoo.com Counsel for Appellee Dale Brumfield

/s/ Harold J. Liller HAROLD J. LILLER Assistant Attorney General