Texas Department of Criminal Justice v. Maurie Levin, Naomi Terr, and Hilary Sheard ( 2015 )

ACCEPTED 03-15-00044-CV 5420914 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/26/2015 3:47:10 PM JEFFREY D. KYLE CLERK No. 03-15-00044-CV FILED IN In the Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS for the Third Judicial District 5/26/2015 3:47:10 PM Austin, Texas JEFFREY D. KYLE Clerk TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant, v. MAURIE LEVIN, NAOMI TERR, AND HILARY SHEARD, Appellees. On Appeal from the 201st Judicial District Court of Travis County, Texas UNOPPOSED MOTION TO EXTEND TO JUNE 8, 2015, THE DEADLINE TO FILE APPELLANT’S OPENING BRIEF, DUE TO RECENT SEVERE WEATHER IN CENTRAL TEXAS Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6, Appellant Texas Department of Criminal Justice requests a 10-day extension of the deadline to file Appellant’s opening brief. Two prior 30- day unopposed extensions of this deadline have been received. This extension request is not opposed. The opening brief is currently due May 27, 2015. The requested extension, if granted, would make the brief due on or before June 8, 2015. There is good reason to grant the requested extension, which is not sought for any improper purpose. On Memorial Day, May 25, 2015, Central Texas experienced extremely severe weather. See, e.g., AUSTIN AM. STATESMAN, Austin flooding: May 25, 2015, at http://www.statesman.com/weather/austin-flooding-reader-videos- 052515/ (last visited May 26, 2015). Unfortunately, undersigned counsel’s home was affected by the severe weather, necessitating an immediate, significant investment of time and effort by undersigned counsel to address the situation. The requested extension will permit counsel to try to address the situation as needed. PRAYER For these reasons, the Court should extend to June 8, 2015, the deadline for filing Appellant’s opening brief. 2 Respectfully submitted. KEN A. PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General SCOTT A. KELLER Solicitor General /s/ Richard B. Farrer RICHARD B. FARRER Assistant Solicitor General State Bar No. 24055470 OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-1823 Fax: (512) 474-2697 richard.farrer@texasattorneygeneral.gov COUNSEL FOR APPELLANT TEXAS DEPARTMENT OF CRIMINAL JUSTICE 3 CERTIFICATE OF CONFERENCE I certify that I conferred by email and telephone with counsel for Appellees, Philip Durst, who indicated that this motion is not opposed. /s/ Richard B. Farrer Richard B. Farrer Counsel for Appellant CERTIFICATE OF SERVICE On May 26, 2015, the foregoing document was served via File & ServeXpress and e-mail on counsel for Appellees: Philip Durst Manuel Quinto-Pozos DEATS, DURST, OWEN & LEAVY, PLLC 1204 San Antonio, Suite 203 Austin, Texas 78701 [Tel] (512) 474-6200 [Fax] (512) 474-7896 pdurst@ddollaw.com mqp@ddollaw.com Maurie Amanda Levin LAW OFFICE OF MAURIE LEVIN 614 South 4th St. #346 Philadelphia, Pennsylvania 19147 [Tel] (512) 294-1540 [Fax] (215) 733-9225 maurielevin@gmail.com /s/ Richard B. Farrer Richard B. Farrer Counsel for Appellant 4