Texas Department of Criminal Justice v. Maurie Levin, Naomi Terr, and Hilary Sheard ( 2015 )

ACCEPTED 03-15-00044-CV 5812781 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/24/2015 4:33:31 PM JEFFREY D. KYLE CLERK NO. 03-15-00044-CV FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 6/24/2015 4:33:31 PM JEFFREY D. KYLE Clerk TEXAS DEPARTMENT OF CRIMINAL JUSTICE Appellant v. MAURIE LEVIN, NAOMI TERR and HILARY SHEARD Appellees Appeal from the 201st Judicial District Court of Travis County, Texas (Hon. Darlene Byrne, Presiding) APPELLEES’ UNOPPOSEDMOTION FOR AN EXTENSION OF TIME TO FILE BRIEF Philip Durst State Bar No: 06287850 pdurst@ddollaw.com Manuel Quinto-Pozos State Bar No: 24070459 mqp@ddollaw.com DEATS, DURST & OWEN, PLLC 1204 San Antonio Street, Suite 203 Austin, Texas 78701 (512) 474-6200 FAX (512) 474-7896 Attorneys for Appellees TO THE HONORABLE THIRD COURT OF APPEALS: Appellees Maurie Levin, et al., pursuant to Texas Rules of Appellate Procedure 10.5(b)(1) and 38.6(d), respectfully file this unopposed motion requesting that the Court grant Appellees an extension of time to file their brief and would respectfully show as follows. 1. On January 20, 2015, Appellant Texas Department of Criminal Justice appealed, among other rulings, the trial court’s grant of Appellees’ Motion for Summary Judgment and its denial of Appellant’s Motion for Summary Judgment. 2. Appellant sought, and this Court granted, three extensions to Appellant’s deadline to file its brief. Appellant filed its brief on June 10, 2015. 3. Appellees’ current deadline for filing their brief is July 10. 4. Appellees’ attorneys are heavily engaged in discovery and related contentious issues on other matters that will occupy a significant amount of their time during the end of June and the early part of July. 5. The present motion for an extension of time is not being filed for the purpose of delay. 6. No prior extensions of time during which to file Appellees’ brief have been requested or granted. 7. Appellees’ attorneys have conferred with Appellant’s attorneys, who do not oppose Appellees’ present request for an extension of time. 2 WHEREFORE, the Appellees respectfully request that the Court grant them a thirty-day extension of time (until August 10, 2015) during which to file their brief. Respectfully submitted, /s/ Manuel Quinto-Pozos Philip Durst State Bar No: 06287850 pdurst@ddollaw.com Manuel Quinto-Pozos State Bar No: 24070459 mqp@ddollaw.com DEATS, DURST & OWEN, PLLC 1204 San Antonio Street, Suite 203 Austin, Texas 78701 (512) 474-6200 FAX (512) 474-7896 Attorneys for Appellees CERTIFICATE OF CONFERENCE On June 24, 2015, pursuant to Texas Rules of Appellate Procedure 10.1(a)(5), Philip Durst conferred with Richard Farrer, counsel for Appellant, regarding the merits of this motion. Mr. Farrer indicated on behalf of Appellant that this motion is unopposed. CERTIFICATE OF SERVICE As required by Texas Rules of Appellate Procedure 6.3 and 9.5(b), (d), (e), I certify that, on June 24, 2015, I have served this document on the following via electronic service: 3 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 /s/ Manuel Quinto-Pozos Manuel Quinto-Pozos 4