State v. Erasmo Montalvo ( 2015 )

ACCEPTED 03-13-00370-CV 5992480 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/9/2015 9:53:01 AM JEFFREY D. KYLE CLERK CASE NO. 03-13-00370-CV FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS AT7/9/2015 AUSTIN 9:53:01 AM JEFFREY D. KYLE Clerk STATE BOARD FOR EDUCATOR CERTIFICATION and MICHAEL BERRY, THE ACTING CHIEF EXECUTIVE OFFICER OF THE STATE BOARD FOR EDUCATOR CERTIFICATION, IN HIS OFFICIAL CAPACITY ONLY, Appellant, v. ERASMO MONTALVO, Appellee. On Appeal from the 200th Judicial District Court of Travis County, Texas; Cause No. D-1-GN-12-002991; Before the Honorable Tim Sulak APPELLANT’S FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE REPLY BRIEF TO THE HONORABLE THIRD COURT OF APPEALS: Appellant, State Board for Educator Certification (Board), files its First Unopposed Motion to Extend Time to File Reply Brief, pursuant to Tex. R. Appellate Proc. 10.5(b) and 38.6. In support hereof, the undersigned would respectfully show the Court the following: Appellee’s responsive brief was originally due on May 28, 2015. Appellee requested additional time, unopposed by Appellant. Appellee’s brief then became due on June 28, 2015, causing Appellant’s Reply Brief to be due on July 20, 2015. Appellant’s counsel will be on vacation from July 16 through July 23, 2015 (a vacation letter has been filed), planned for since mid-May; the majority of the vacation is out-of-state. Additionally, Appellant prepared for and attended a hearing in Tarrant County, Texas, on a Motion to Quash Subpoenas Duces Tecum, and, Alternatively, Motion for Protective Order, on behalf of the Texas Funeral Service Commission (Cause No. 1379975; State of Texas v. Dondre Johnson; in the County Criminal Court at Law No. Two of Tarrant County) on July 2, 2015. Due to the Fourth of July holiday, the Office of the Attorney General was closed on July 3, 2015. Further, counsel has a hearing in Houston on July 24th, in Cause No. 2015- 30460; Ex Parte Ashley Elizabeth Zehnder; in the 157th District Court of Harris County), as well as a trial setting on July 27th, in Cause No. 1060198; James Earl Faust v. Texas Department of Public Safety; in the County Court at Law No. 1 of Harris County. This request is not being made for purposes of delay only. 2 For the reasons stated above, the Board respectfully requests that the Court grant an 11–day extension of time in which to file Appellant’s Brief, to July 31, 2015, and for such other and further relief to which it may be justly entitled. 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/ Ellen M. Sameth ELLEN M. SAMETH Assistant Attorney General Texas State Bar No. 17555550 OFFICE OF THE TEXAS ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P.O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 936-1838 Facsimile: (512) 457-4608 E-mail: ellen.sameth@texasattorneygeneral.gov ATTORNEYS FOR STATE BOARD FOR EDUCATOR CERTIFICATION 3 CERTIFICATE OF CONFERENCE I certify that I have conferred with Mark Robinett, Appellee’s counsel, on July 7, 2015, regarding this request, and that Appellee is unopposed to the granting of the requested extension of time in which to file Appellant’s Reply Brief. /s/ Ellen M. Sameth ELLEN M. SAMETH CERTIFICATE OF SERVICE I hereby certify that on July 9, 2015, a true and correct copy of the foregoing document was served via the Court’s ECF system to all counsel of record. Mark W. Robinett BRIM, ARNETT, ROBINETT. CONNERS & MCCORMICK, P.C. 2525 Wallingwood Drive, Bldg. 14 Austin, Texas 78746 mrobinett@brimarnett.com /s/ Ellen M. Sameth ELLEN M. SAMETH 4