Wayne Novy, by and Through His Legal Guardian Forrest Novy v. Texas Health and Human Services Commission And Chris Traylor, in His Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission ( 2015 )

ACCEPTED 03-15-00201-CV 6027655 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 12:00:00 AM JEFFREY D. KYLE CLERK No. 03-15-00201-CV _______________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 7/13/2015 12:00:00 AM JEFFREY D. KYLE _______________________________________ Clerk WAYNE NOVY, by and through his legal guardian Forrest Novy, Appellant, vs. TEXAS HEALTH AND HUMAN SERVICES COMMISSION and KYLE JANEK, in his official capacity as Executive Commissioner of the Texas Health and Human Services Commission, Appellees. _______________________________________ ON APPEAL FROM COUNTY COURT AT LAW NO. 1, TRAVIS COUNTY ______________________________________ APPELLANT’S UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEF Pursuant to Rule 10.5(b)(1) of the Texas Rules of Appellate Procedure, Appellant Wayne Novy (“Mr. Novy”), by and through his legal guardian Forrest Novy, moves the Court in this unopposed motion for a fourteen day extension of time to file his opening brief in this matter. 1. Mr. Novy is appealing from the Order Granting Defendants’ Plea to the Jurisdiction, signed on April 1, 2015, by the presiding judge of the Coun- ty Court at Law No. 1, Travis County. 1 2. The current deadline for Mr. Novy to file his opening brief in this appeal in August 7, 2015. 3. Mr. Novy seeks a 14-day extension, until August 21, 2015, to file his opening brief. 4. The additional fourteen days is requested for personal family rea- sons. My wife’s seventieth birthday is on August 6th and is to be celebrated with other family members out-of-state. I had overlooked this personal situa- tion when making my first extension request (also unopposed) and inadvert- ently requested the new deadline under the first extension to fall right in the middle of travel and celebration for this event. Allowing the additional four- teen days requested here will allow me to meet my family obligation for this special occasion and still finish work on, and file, the opening brief in time. 5. This is Mr. Novy’s second request for an extension of time to file his opening brief. Based upon the foregoing matters, Mr. Novy urges the Court to grant this unopposed motion and allow him fourteen additional days—until Au- gust 21, 2015—to file his opening brief in this case. Respectfully submitted, __/s/ Renea Hicks______ 2 Renea Hicks State Bar No. 09580400 LAW OFFICE OF MAX RENEA HICKS 101 West 6th Street, Suite 504 Austin, Texas 78701-2934 (512) 480-8231 (512) 480-9105 fax rhicks@renea-hicks.com ATTORNEY FOR WAYNE NOVY CERTIFICATE OF CONFERENCE I conferred by e-mail on July 10, 2015, with Eugene Clayborn, counsel for Appellees, on whether his clients would oppose the extension requested in this motion. By reply e-mail on the same day, he indicated that he would not oppose the relief requested. _/s/ Renea Hicks___________ Renea Hicks CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Appellant’s Unop- posed Second Motion for Extension of Time to File Opening Brief has been served through the electronic filing system on the following counsel of rec- ord for the appellees on July 11, 2015: Eugene A. Clayborn, Assistant Attorney General Deputy Chief, Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 eugene.clayborn@texasattorneygeneral.gov. _/s/ Renea Hicks___________ Renea Hicks 3