Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. CGG Veritas Services (U.S.), Inc. ( 2015 )

ACCEPTED 03-14-00713-CV 5143501 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/4/2015 4:00:17 PM JEFFREY D. KYLE CLERK NO. 03-14-00713-CV __________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT OF TEXAS5/4/2015 4:00:17 PM AT AUSTIN JEFFREY D. KYLE ________________________________________________Clerk GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellant v. CGG Veritas Services (U.S.), Inc., Appellees. UNOPPOSED, FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF TO THE HONORABLE THIRD COURT OF APPEALS: Appellant CGG Veritas Services (U.S.), Inc. moves pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure, asking that this Court grant a 30-day extension of time for filing its Appellee’s Brief from May 20 to June 19, 2015. This Motion is UNOPPOSED by Appellants Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas. 1 I. INTRODUCTION 1. Appellants are Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas (“Appellants”). 2. Appellee is CGG Veritas Services (U.S.), Inc. (“Appellee”). 3. No rule provides a deadline to file this Motion to Extend. See Tex. R. App. P. 38.6(d). II. ARGUMENT & AUTHORITIES 4. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file Appellee’s Brief. This Motion is filed in accordance with Texas Rule of Appellate Procedure 10.5(b)(1). 5. Appellee’s Brief is currently due on Wednesday, May 20, 2015. 6. The undersigned counsel for Appellee have had several pending deadlines and professional obligations since the filing of Appellee’s Brief, which have prevented them from being able to complete the Brief by May 20, and they have additional deadlines and obligations in the coming weeks that necessitate the 30-day extension now sought without opposition. More specifically, these deadlines include the following for Appellee’s counsel: a. Amanda Taylor: (1) attending a full-day continuing legal education course on May 8 (“Practice Before the Texas Supreme Court”); (2) 2 Petitioner’s Brief on the Merits due in the Supreme Court of Texas on May 13 (No. 14-0647); (3) oral argument before this Court on June 3 (No. 03-14-00197-CV); (4) attending a two-day continuing legal education course on June 4-5 (“State and Federal Appeals”); (5) Appellee’s Brief on the Merits due in this Court on June 16 (No. 03-15-00186-CV); (6) Petitioner’s Reply Brief due in the Supreme Court on June 17 (No. 14-0647); and (7) vacation including prepaid travel on June 10 through 14, as stated in the vacation notice on file with this Court. b. Jimmy Martens: (1) depositions on May 7 for Travis County District Court Case; (2) hearing in district court on May 12; (3) personal medical procedure out-of-state May 8 through 11; (4) discovery responses due in pending litigation on May 14 and May 15; and (5) various other trial deadlines for upcoming district court trials. 7. Appellee therefore requests a 30-day extension of its brief-filing deadline. 8. The requested extension of Appellee’s Brief deadline will not prejudice any party. 9. No extensions of time have previously been requested by or granted to Appellee regarding its Brief. 10. The $10.00 filing fee has been submitted in connection with this Motion. 3 III. PRAYER For these reasons, Appellee respectfully prays, without any opposition of Appellants, that this Court grant an extension of time to file Appellee’s Brief from May 20 to June 19, 2015, which is 30 days from the current deadline. Respectfully submitted, MARTENS, TODD, LEONARD, TAYLOR & AHLRICH 301 Congress Ave., Suite 1950 Austin, Texas 78701 Telephone: (512) 542-9898 Telecopier: (512) 542-9899 By: /s/ Amanda G. Taylor Amanda Taylor ataylor@textaxlaw.com State Bar No. 24045921 James F. Martens jmartens@textaxlaw.com State Bar No. 13050720 Lacy L. Leonard lleonard@textaxlaw.com State Bar No. 24040561 Danielle V. Ahlrich dahlrich@textaxlaw.com State Bar No. 24059215 ATTORNEYS FOR APPELLEE CGG VERITAS SERVICES (U.S.), INC. 4 CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that counsel for Appellee has conferred with counsel for Appellants, Ms. April Farris, about the merits of this Motion on May 4, 2015. Ms. Farris does not oppose this Motion. /s/ Amanda G. Taylor Amanda G. Taylor CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Unopposed First Motion for Extension of Time to File Appellee’s Brief has been electronically filed and served on counsel below on May 4, 2015. April L. Farris Assistant Solicitor General OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 (512) 936-2923 (512) 474-2697 [fax] april.farris@texasattorneygeneral.gov /s/ Amanda G. Taylor Amanda G. Taylor 5