the University of Texas System and the University of Texas at Dallas v. Ken Paxton, Attorney General of Texas And Marilyn Cameron ( 2015 )

ACCEPTED 03-14-00801-CV 5493158 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/1/2015 2:39:45 PM JEFFREY D. KYLE CLERK CASE NO. 03-14-00801-CV FILED IN IN THE COURT OF APPEALS 3rd COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS 6/1/2015 2:39:45 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk THE UNIVERSITY OF TEXAS SYSTEM and THE UNIVERSITY OF TEXAS AT DALLAS Appellants, v. KEN PAXTON, ATTORNEY GENERAL OF TEXAS, Appellee. On Appeal from the 261st District Court of Travis County, Texas The Honorable Stephen Yelenosky, Presiding APPELLEE’S MOTION FOR EXTENSION OF TIME TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS: Appellee, Ken Paxton, Attorney General of Texas, files this unopposed motion requesting this Court to extend the time for filing Appellee’s brief by 7 days to June 9, 2015. A. Current Deadline. The current deadline for filing the response is June 2, 2015. B. Length of Extension Sought for Filing the Response. Respondent seeks an additional 7 days from June 2, 2015 through and including June 9, 2015. C. Number of Previous Extensions Granted. None. Appellee did sign a motion to modify the scheduling order previously, but that order only moved Appellee’s deadline, it did not provide extra time for Appellee to respond to Appellant’s brief. D. Facts Explaining the Needed Extension. Respondent’s counsel requests this extension in light of some previously scheduled deadlines and events in the month of May. This extension is not being sought for purposes of delay, but rather to provide undersigned counsel the time to fully respond to Appellant’s brief. Neither counsel for the University of Texas System and the University of Texas at Dallas nor Marilyn Cameron, appearing pro se, are opposed to this extension. Accordingly, Appellee Ken Paxton asks that this Motion be granted and that he be given until June 9, 2015, to file his brief in this case. Respectfully Submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General BRANTLY STARR Deputy Attorney General for Legal Counsel DAVID A. TALBOT, JR. Chief, Administrative Law Division 2 /s/ Kimberly L. Fuchs KIMBERLY L. FUCHS State Bar No. 24044140 Chief, Open Records Litigation Administrative Law Division Office of the Attorney General of Texas P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4195 Facsimile: (512) 320-0167 kimberly.fuchs@texasattorneygeneral.gov ATTORNEYS FOR APPELLEE KEN PAXTON, ATTORNEY GENERAL OF TEXAS CERTIFICATE OF CONFERENCE I hereby certify that counsel for Appellee conferred with counsel for the University of Texas System and the University of Texas at Dallas and Marilyn Cameron and was advised that they were unopposed to this motion as stated herein. /s/ Kimberly Fuchs KIMBERLY FUCHS 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Appellee’s First Unopposed Motion for Extension of Time has been served on June 1, 2015, on the following parties via electronic service and e-mail: H. MELISSA MATHER MARILYN CAMERON State Bar No. 240102216 18222 Outback Lakes Trail Assistant Attorney General Humble, Texas 77346 Financial and Tax Litigation Division Telephone: (713) 320-4092 Office of the Attorney General of Texas mizcameron@yahoo.co P.O. Box 12548 Austin, Texas 78711-2548 INTERVENOR, PRO SE Telephone: (512) 475-4540 Facsimile: (512) 477-2348 Melissa.mather@texasattorneygeneral.gov ATTORNEY FOR APPELLANTS 4