Rosendo Morales v. Texas Department of Insurance-Division of Workers' Compensation, and Commissioner Ryan Brannan, in His Official Capacity ( 2015 )

ACCEPTED 03-14-00808-CV 5696332 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/16/2015 2:13:57 PM JEFFREY D. KYLE CLERK NO. 03-14-00808-CV IN THE THIRD COURT OF APPEALS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS _______________________________________ 6/16/2015 2:13:57 PM JEFFREY D. KYLE ROSENDO MORALES, Clerk Appellant, v. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION and COMMISSIONER RYAN BRANNAN, IN HIS OFFICIAL CAPACITY, Appellees. _______________________________________ On Appeal from the 146th Judicial District Court, Cause No. 269,135-B; before the Honorable Jack Weldon Jones _______________________________________ APPELLEES TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION AND COMMISSIONER BRANNAN’S UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF _______________________________________ TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: Appellees, the Texas Department of Insurance, Division of Workers’ Compensation and Commissioner Ryan Brannan, respectfully move this Court for an extension of the deadline for filing their initial brief. In support, Appellees show the Court as follows: 1. Appellees’ initial brief is currently due on June 26, 2015. Appellees request an extension of their briefing deadline to Monday, July 27, 2015. 2. Appellees request an extension of time based on Appellees’ counsel’s current caseload and need to fully address the complex issues and briefing in this case, which Appellees believe warrant this request for extension. 3. Appellees move for this extension not to delay proceedings but to allow their counsel sufficient time to adequately prepare and file a brief that fully addresses the issues in this appeal. 4. Appellee’s counsel conferred with Appellant’s counsel about this motion, and Appellant’s counsel stated that he does not oppose the requested extension. Accordingly, Appellees respectfully request an extension of time to and including Monday, July 27, 2015 to file and serve their initial brief. Dated: June 16, 2015. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation DAVID A. TALBOT, JR. Chief, Administrative Law Division 2 /s/Adrienne Butcher ADRIENNE BUTCHER State Bar No. 24050363 Assistant Attorney General Administrative Law Division OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 463-1410 Facsimile: (512) 320-0167 Counsel for Appellees Texas Department of Insurance, Division of Workers' Compensation and Commissioner Ryan Brannan 3 CERTIFICATE OF CONFERENCE Counsel for Appellees conferred with counsel for Appellant about the contents of this motion, and Appellant’s counsel stated he is unopposed to the requested extension. /s/Adrienne Butcher ADRIENNE BUTCHER Assistant Attorney General CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and forgoing document has been served by facsimile on this date, the 16th day of June, 2015, on the following: Bradley Dean McClellan State Bar No. 13395980 Of Counsel, THE LAW OFFICES OF RICHARD PENA, P.C. 1701 Director’s Blvd., Suite 110 Austin, Texas 78744 Facsimile: (512) 327-8354 Email: Brad.McClellan@yahoo.com Counsel for Appellant /s/Adrienne Butcher ADRIENNE BUTCHER Assistant Attorney General 4