the City of Houston, Texas v. Ken Paxton, Attorney General of Texas

Opinion

ACCEPTED 03-15-00093-CV 6154774 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/21/2015 12:04:53 PM JEFFREY D. KYLE CLERK CASE NO. 03-15-00093-CV

FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS 7/21/2015 12:04:53 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk THE CITY OF HOUSTON, TEXAS Appellant,

v.

KEN PAXTON, ATTORNEY GENERAL OF TEXAS, Appellee.

On Appeal from the 250th District Court of Travis County, Texas The Honorable Stephen Yelenosky, Presiding

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure 38.6(d), Appellee Ken Paxton,

Attorney General of Texas, files this unopposed motion requesting the Court extend

the time for filing Appellee’s brief by twenty-nine days to August 21, 2015.

1. The deadline to file Appellant’s Brief is currently July 24, 2015.

2. The Attorney General’s undersigned counsel, Matthew R. Entsminger,

seeks additional time to file his brief due to previously-scheduled professional

commitments that predated the Court’s setting of the Appellee deadline. The

undersigned is responsible for an extensive litigation docket. In the days and weeks

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prior to the briefing deadline and in addition to various other commitments in other

cases, the undersigned was required to (1) respond to a petition in Epic Systems

Corporation v. Ken Paxton, Attorney General, State of Texas, and University of

Texas MD Anderson Cancer Center, Cause No. D-1-GN-15-002042, in the 126th

District Court of Travis County, Texas; (2) respond to a petition and file a plea to

the jurisdiction in Aetna Life Insurance Company v. Ken Paxton, Attorney General

of Texas, Cause No. D-1-GN-15-002233, in the 200th District Court of Travis

County, Texas, and (3) draft and file a response to a summary judgment motion, as

well as prepare for and appear at a summary judgment hearing that occurred on July

15, in Keller Independent School District v. Office of the Attorney General of the

State of Texas, Cause No. D-1-GN-14-004782, in the 126th District Court of Travis

County, Texas.

3. The Court has the authority to extend the time to file briefs under Texas

Rules of Appellate Procedure 38.6.

4. The parties agree to this motion.

5. No previous extensions have been sought by Appellee.

6. For the above reasons, Appellee Attorney General prays that this Court

grant an extension of time to file Appellee’s brief until August 21, 2015.

Respectfully Submitted,

KEN PAXTON Attorney General of Texas

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CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

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

KIMBERLY L. FUCHS Chief, Open Records Litigation

/s/Matthew R. Entsminger MATTHEW R. ENTSMINGER State Bar No. 24059723 Assistant Attorney General Open Records Litigation Administrative Law Division Office of the Attorney General of Texas P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4151 Facsimile: (512) 320-0167 matthew.entsminger@texasattorneygeneral.gov

ATTORNEYS FOR APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS

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CERTIFICATE OF CONFERENCE

I hereby certify that on July 21, 2015, I conferred by email with Mary Beth

Stevenson, counsel for Appellant City of Houston, Texas, who stated she does not

oppose this motion.

/s/ Matthew R. Entsminger_________ MATTHEW R. ENTSMINGER

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing First Unopposed

Motion for Extension of Time to File Brief, has been served on July 21, 2015, on the

following parties and/or counsel-of-record via e-service and e-mail:

Mary Beth Stevenson State Bar No. 24072366 Assistant City Attorney City of Houston Legal Department 900 Bagby, 4th Floor Houston, Texas 77002 Telephone: (832) 393-6491 Facsimile: (832) 393-6259 marybeth.stevenson@houstontx.gov

ATTORNEY FOR APPELLANT

/s/ Matthew R. Entsminger_________ MATTHEW R. ENTSMINGER