Hermenia Jenkins v. Crosby Independent School District and Michael L. Williams in His Official Capacity as State Commissioner of Education ( 2015 )

ACCEPTED
03-15-00313-CV
6263484
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/28/2015 6:02:30 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00313
__________________________________________________________________
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN
7/28/2015 6:02:30 PM
__________________________________________________________________
JEFFREY D. KYLE
Clerk
HERMENIA JENKINS,
Appellant,
v.
CROSBY INDEPENDENT SCHOOL DISTRICT, and
MICHAEL L. WILLIAMS, COMMISSIONER OF EDUCATION,
Appellees.
__________________________________________________________________
Unopposed Motion for Extension of Time to File Appellee’s Brief
__________________________________________________________________
To the Honorable Third Court of Appeals:
Pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate
Procedure, the Appellee Commissioner of Education asks for a forty-five
(45) day extension of time to file his brief.
1. The Appellant Hermenia Jenkins filed her brief on July 10, 2015.
2. The Appellee Commissioner of Education’s brief is currently
due on August 9, 2015, and granting this request would make the brief due
no later than September 24, 2015.
3. The Appellee Commissioner seeks this extension because
counsel has other pending obligations that require filing this motion.
4. This is the Commissioner’s first request for an extension and is
not for purposes of delay.
5. Appellant Hermenia Jenkins and Appellee Crosby ISD do not
oppose this motion.
6. The parties and the Court will not be prejudiced by the
granting of this motion.
Accordingly, the Appellee Commissioner asks for a 45-day extension
of time to file his brief so it will be due no later than September 24, 2015.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
DAVID C. MATTAX
Deputy Attorney General for
Defense Litigation
DAVID A. TALBOT, JR.
Chief, Administrative Law Division
/s/ Andrew Lutostanski
ANDREW LUTOSTANSKI
2
State Bar No. 24072217
Assistant Attorney General
Office of the Attorney General of Texas
Administrative Law Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Phone: (512) 475-4200
Fax: (512) 320-0167
andrew.lutostanski@texasattorneygeneral.gov
Attorneys for the Commissioner
CERTIFICATE OF CONFERENCE
I certify that on July 28, 2015 I conferred with counsel for Ms. Jenkins
and Crosby ISD by email and they are unopposed to this motion.
/s/ Andrew Lutostanski
Andrew Lutostanski
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document has
been served on July 28, 2015 on the following by e-service and/or email:
Kevin Lungwitz
State Bar No. 12698790
Elizabeth Poole
State Bar No. 24051201
The Lungwitz Law Firm, P.C.
3005 S. Lamar Blvd.
Box D-109-362
Austin, Texas 78704
Phone: (512) 461-0188
Fax: (866) 739.7138
Kevin@LungwitzLaw.com
Elizabeth@LungwitzLaw.com
Attorneys for Ms. Jenkins
3
David B. Hodkins
State Bar No. 09775530
Rebecca R. Weimer
State Bar No. 24062597
Thompson & Horton L.L.P.
3200 Southwest Freeway, Suite 2000
Houston, Texas 77027
Phone: (713) 554-6745
Fax: (713) 583-8245
DHodgins@thompsonhorton.com
RWeimer@thompsonhorton.com
Attorneys for Crosby ISD
/s/ Andrew Lutostanski
Andrew Lutostanski
4