Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office ( 2015 )

ACCEPTED 03-15-00285-CV 6114596 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/17/2015 12:35:13 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00285-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 7/17/2015 12:35:13 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk VOLKSWAGEN GROUP OF AMERICA, INC. AND AUDI OF AMERICA, INC. OF TEXAS Appellants, v. JOHN WALKER III, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES BOARD, AND THE HONORABLE MICHAEL J. O’MALLEY AND THE HONORABLE PENNY A. WILKOV, IN THEIR OFFICIAL CAPACITIES AS ADMINISTRATIVE LAW JUDGES FOR THE STATE OFFICE OF ADMINISTRATIVE HEARINGS Appellees. On Appeal from the 201st Judicial District Court, Travis County, Texas Honorable Amy Clark Meachum, Presiding Judge APPELLEES O’MALLEY AND WILKOV’S FIRST MOTION FOR EXTENSION OF TIME TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: Appellee, Ken Paxton, Attorney General of Texas, files this motion requesting this Court to extend the time for filing Appellee’s brief by 14 days to August 14, 2015. A. Current Deadline. The current deadline for filing the response is July 31, 2015. B. Length of Extension Sought for Filing the Response. Respondent seeks an additional 14 days from July 31, 2015 through and including August 14, 2015. C. Number of Previous Extensions Granted. This is the first extension requested by Appellees. Appellants were granted a 14 day extension previously. D. Facts Explaining the Needed Extension. Appellee’s counsel requests this extension in light of some previously scheduled deadlines, including a deadline to file a Petition for Review in the Supreme Court. Appellee’s counsel will also be out of state visiting family from July 18, 2015 through July 26, 2015. This extension is not being sought for purposes of delay, but rather to provide undersigned counsel the time to fully respond to Appellant’s brief. Counsel for Appellee Walker and counsel for both intervenors are unopposed to this motion. Counsel for Appellants is opposed. Accordingly, Appellees O’Malley and Wilkov ask that this Motion be granted and that they be given until August 14, 2015, to file their brief in this case. Respectfully Submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General 2 SHELLEY DAHLBERG Associate Deputy Attorney General for Civil Litigation DAVID A. TALBOT, JR. Chief, Administrative Law Division /s/ Kimberly L. Fuchs KIMBERLY L. FUCHS State Bar No. 24044140 Chief, 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) 475-4195 Facsimile: (512) 320-0167 kimberly.fuchs@texasattorneygeneral.gov ATTORNEYS FOR APPELLEES THE HONORABLE MICHAEL J. O’MALLEY AND THE HONORABLE PENNY A. WILKOV, IN THEIR OFFICIAL CAPACITIES AS ADMINISTRATIVE LAW JUDGES FOR THE STATE OFFICE OF ADMINISTRATIVE HEARINGS CERTIFICATE OF CONFERENCE I hereby certify that counsel for Appellee conferred with counsel for the Appellee Walker and counsel for all intervenors and was advised that they were unopposed to this motion. Counsel for Appellants advised the undersigned that Appellant is opposed to this motion. /s/ Kimberly Fuchs KIMBERLY FUCHS 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Appellee’s First Unopposed Motion for Extension of Time has been served on July 17, 2015, on the following parties via electronic service and e-mail: S. SHAWN STEPHENS J. BRUCE BENNETT Texas Bar No. 19160060 State Bar No. 02145500 JAMES P. SULLIVAN Cardwell, Hart & Bennett, LLP Texas Bar No. 24070702 807 Brazos, Suite 1001 King & Spalding LLP Austin, Texas 78701 1100 Louisiana, Suite 4000 Telephone: (512) 322-0011 Houston, Texas 77002 Facsimile: (512) 322-0808 Telephone: (713) 751-3200 jbb.chblaw@sbcglobal.net Facsimile: (713) 751-3290 sstephens@kslaw.com jsullivan@kslaw.com JOSEPH W. LETZER State Bar No. 24030763 DENT M. MORTON BILLY M. DONLEY State Bar No. 24056645 State Bar No. 05977085 Burr & Forman, LLP MARK E. SMITH 420 20TH Street N, Suite 3400 State Bar No. 24070639 Birmingham, AL 35203-5210 Baker & Hostetler LLP Telephone: (205) 251-3000 811 Main Street, Suite 1100 Facsimile: (205) 458-5100 Houston, Texas 77002 jletzer@burr.com Telephone: (713) 751-1600 dmorton@burr.com Facsimile: (713) 751-1717 bdonley@bakerlaw.com Attorneys for Appellees mesmith@bakerlaw.com Ricardo M. Weitz, Hi Tech Imports North, LLC, Hi Tech Imports South, LLC, and Attorneys for Appellants Hi Tech Imports, LLC Volkswagen Group of Americas, Inc. and Audi of America, Inc. 4 WILLIAM. R. CROCKER DENNIS McKINNEY State Bar No. 5091000 State Bar No. 13719300 Attorney at Law Assistant Attorney General 807 Brazos, Ste 1014 Administrative Law Division Austin, Texas 78701 Office of the Attorney General of Texas P.O. Box 1418 P.O. Box 12548, Capitol Station Austin, Texas 78767 Austin, Texas 78711-2548 Telephone: (512) 478-5611 Telephone: (512) 475-4020 Facsimile: (512) 474-2540 Facsimile: (512) 320-0167 crockerlaw@earthlink.net dennis.mckinney@texasattorneygeneral.gov Attorney for Appellee Attorney for Appellee Budget Leasing, Inc. d/b/a John Walker III, in his official capacity as Audi North Austin and Chairman of the Texas Department of Audi South Austin Motor Vehicles Board /s/ Kimberly Fuchs KIMBERLY FUCHS ATTORNEY FOR APPELLEES SOAH ADMINISTRATIVE LAW JUDGES O’MALLEY AND WILKOV 5