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
6313013
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/31/2015 2:40:44 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
7/31/2015 2:40:44 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:
In accordance with Rules 10.5(b) and 38.6(d) of the Texas Rules of
Appellate Procedure, Appellee Crosby Independent School District ("Crosby
ISD") requests a forty-five (45) day extension of time to file its brief.
1. Appellant Hermenia Jenkins filed her brief on July 10, 2015. Amicus
Curiae Texas Elementary Principals and Supervisors Association filed a brief on
behalf of Appellant on July 10,2015.
2. Appellee Crosby lSD's brief is currently due on August 9, 2015. A
forty-five day extension would move the deadline to September 24, 2015.
3. Appellee Crosby ISD has not previously requested an extension in this
case.
4. Appellee Crosby ISD requests this extension because counsel has
significant other professional commitments during the next 45 days.
5. The undersigned counsel of record for the District has corresponded
with counsel for Appellant Hermenia Jenkins and Appellee Commissioner of
Education and they are not opposed to this motion.
6. This extension is sought not for purposes of delay, but so that justice
may be done. The parties and the Court will not be prejudiced by this extension of
time.
Therefore, Appellee Crosby Independent School District respectfully
requests that this Court grant its motion and extend its time for filing Appellees'
Brief from August 9,2015, to September 24,2015.
Respectfully submitted,
THOMPSON & HORTON LLP
By: _ _ _ _ _ _ _ __ _ __
David B. Hodgins
State Bar No. 09775530
Amber K. King
State Bar No. 24207244
Frances R. Broussard
State Bar No. 24055218
3200 Southwest Freeway, Suite 2000
Houston, Texas 77027
Telephone: (713) 554-6766
Facsimile: (713) 583-9397
dhodgins@thompsonhorton.com
aking@thompsonhorton.com
fbroussard@thompsonhorton.com
ATTORNEYS FOR APPELLEE CROSBY
INDEPENDENT SCHOOL DISTRICT
CERTIFICATE OF CONFERENCE
I certify that on July 28, 2015 I conferred with counsel for Ms. Jenkins and
Commissioner of Education by email and they are unopposed to this motion.
S-Se-v 9--
DaVid B. Hodgins or Frances R. Broussard
CERTIFICATE OF SERVICE
I hereby certify that on the ~ l day of July, 2015, a true and correct copy of the
above and foregoing pleading was served upon counsel of record bye-service as
follows:
Kevin F. Lungwitz Andrew Lutostanski
The Lungwitz Law Firm, P.C. Assistant Attorney General
3005 S. Lamar Blvd. Administrative Law Division
Suite D-I09-362 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
Austin, Texas 78704-4785 P.O Box 12548, Capitol Station
P.512.462.0188 Austin, Texas 78711-2548
F.866.739.7138 P. 512.475.4200
kevin@lungwitzlaw.com F.512.320.0167
andrew.lutostanski@texasattorneygenetal.gov
``s~9-
Davjd B. Hodgins or Frances R. Broussard
683127