the University of Texas at Austin v. Dijaira B. Smith

Opinion

ACCEPTED

03-14-00509-CV

3751035

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/13/2015 2:20:29 PM

JEFFREY D. KYLE

CLERK

No. 03-14-00509-CV

______________________________

FILED IN

3rd COURT OF APPEALS

IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD JUDICIAL DISTRICT 1/13/2015 2:20:29 PM _____________________________ JEFFREY D. KYLE Clerk

THE UNIVERSITY OF TEXAS AT AUSTIN Appellant,

VS.

DIJAIRA B. SMITH,

Appellee.

______________________________

On Appeal from the 200th Judicial District Court of Travis County, Texas Cause No. D-1-GN-13-004318

______________________________

APPELLANT’S UNOPPOSED MOTION FOR LEAVE TO FILE RESPONSE TO APPELLEE’S POST-SUBMISSION BRIEF

______________________________

TO THE HONORABLE COURT OF APPEALS:

COMES NOW Appellant, the University of Texas at Austin (“UT”), and submits this

Unopposed Motion for Leave to Respond to Appellee’s Post-Submission Brief.

1. This appeal is from the 200th Judicial District Court of Travis County’s denial of UT’s Plea

to the Jurisdiction. Appellant filed its brief with the Third Court of Appeals on or about

September 9, 2014. Appellee filed her response brief on or about September 29, 2014.

Appellant filed its reply on October 16, 2014. Oral arguments were heard on November

19, 2014.

2. During oral arguments, the panel questioned counsel about Resendez v. Texas Commission

on Environmental Quality, 391 S.W.3d 312 (Tex. App.—Austin 2012, pet. granted).

3. On November 21, 2014, two days after oral arguments in the present case, the Texas

Supreme court issued its opinion in Texas Commission on Environmental Quality v.

Resendez, No. 13-0094, 2014 WL 6612570 (Tex. Nov. 21, 2014), reversing the Third Court

of Appeals opinion.

4. Appellee requested leave to submit a post-submission brief discussing, in part, the Texas

Supreme Court’s ruling on Resendez.

5. Appellant requests leave to file a response to Appellee’s Post-Submission brief.

6. This motion is not made for delay alone, but so that justice may be done.

CONCLUSION AND PRAYER

7. Appellant therefore prays that this Honorable Court grant this Motion for Leave and permit

Appellant an opportunity to respond to Appellee’s Post-Submission Brief.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

JAMES “BEAU” ECCLES General Litigation, Division Chief

/s/ Erika M. Laremont ERIKA M. LAREMONT Attorney-in-Charge Texas Bar No. 240013003 Assistant Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 463-2120 (512) 320-0667 FAX

ATTORNEY FOR APPELLANT

CERTIFICATE OF CONFERENCE Appellant conferred with counsel for Appellee prior to filing this motion, and he is not

opposed.

/s/ Erika M. Laremont ERIKA M. LAREMONT Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing instrument has been sent via electronic filing

notice on January 13, 2015 to:

JOHN JUDGE JUDGE, KOSTURA & PUTMAN,P.C. The Commissioners House at Heritage Square 2901 Bee Cave Road, Box L Austin, Texas 78746 Telephone: 512/328-9099 Facsimile: 512/328-4132 Email: jjudge@jkplaw.com

/s/Erika M. Laremont Erika M. Laremont