# Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office > Texas Court of Appeals, 3rd District (Austin) · June 8, 2015 URL: https://www.frixlaw.com/law-library/cases/4067760 ## Case - **Court:** Texas Court of Appeals, 3rd District (Austin) - **Decided:** June 8, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4067760 ## Opinion text ACCEPTED 03-15-00285-CV 5578824 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/8/2015 10:50:04 AM JEFFREY D. KYLE CLERK NO. 03-15-00285-CV FILED IN IN THE THIRD COURT OF APPEALS 3rd COURT OF APPEALS AUSTIN, TEXAS AUSTIN, TEXAS 6/8/2015 10:50:04 AM JEFFREY D. KYLE Clerk VOLKSWAGEN GROUP OF AMERICA, INC. AND AUDI OF AMERICA, INC. Appellants vs. JOHN WALKER III, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES BOARD, AND THE HONORABLE MICHAEL J. O’MALLEY AND THE HONORABLE PENNY A. WILKOV, IN THEIR OFFICIAL CAPACITIES AS ADMINISTRATIVE LAW JUDGES FOR THE STATE OFFICE OF ADMINISTRATIVE HEARINGS Appellees On Appeal from the 201st Judicial District Court, Travis County, Texas Trial Court Cause No. D-1-GN-15-001186 Honorable Amy Clark Meachum, Presiding Judge APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF __________________________________________________________________ This first unopposed motion for extension of time to file Appellants’ Brief is filed by Volkswagen Group of America, Inc. and Audi of America, Inc. 1. No rule limits the time within which to file this motion to extend. See Tex. R. App. P. 38.6(d). 2. The Court has the authority under Tex. R. App. P. 38.6(d) to grant Appellants additional time to file their brief. 3. Appellants’ Brief is currently due on June 17, 2015. 4. Appellants request an additional 14 days to file their brief, extending the time until July 1, 2015. No previous extension of time has been granted for the filing of Appellants’ Brief. 5. Appellants require an additional 14 days to file their Appellants’ Brief because S. Shawn Stephens and James P. Sullivan of the firm of King & Spalding were very recently engaged by Appellants as appellate counsel and require an extension to become familiar with the record and the case. More importantly, they are engaged in a number of other legal proceedings that will require substantial amounts of their time and will prevent them from completing Appellants’ Brief before July 1, 2015, including the following briefing deadlines:  Amedisys, Inc. v. Public Employees’ Retirement System of Mississippi, Cause No. 14-1200 in the Supreme Court of the United States — Reply brief in support of certiorari petition due June 9, 2015;  Occidental Chemical Corp. v. LPSC, Cause No. 15-30100 in the United States Court of Appeals for the Fifth Circuit — Appellant’s brief due June 15, 2015;  Pettinati v. Henry, Cause No. 2015-CI-05672 in the District Court for the 224th Judicial District of Bexar County, Texas — Motion due June 16, 2015;  United Parcel Service, Inc. and Roland Leal v. Robert Scott Rankin, Individually, Rachelle Rankin, Individually, and as Next Friend of 2 Avery Rankin, a Minor, as Next Friend of Kara Rankin, a Minor, and as Next Friend of Samuel Rankin, a Minor, No. 04-14-00494-CV, In the Fourth Court of Appeals, San Antonio, Texas — Post trial and appellate deadlines beginning June 18, 2015;  EEOC v. Bass Pro Outdoor World, L.L.C., Cause No. 15-20078 in the United States Court of Appeals for the Fifth Circuit — Appellant’s brief due June 19, 2015; and  City of Pontiac General Employees’ Retirement System v. Hanger, Inc., Cause No. 1:14-cv-1026 in the United States District Court for the Western District of Texas — Motion to due June 29, 2015. Prayer For these reasons, Appellants ask the Court to grant a 14 day extension of time to file their Appellants’ Brief until July 1, 2015, and for such further relief to which they have shown themselves entitled. 3 Respectfully submitted, KING & SPALDING LLP By: /s/ S. Shawn Stephens S. Shawn Stephens Texas Bar No. 19160060 sstephens@kslaw.com James P. Sullivan Texas Bar No. 24070702 jsullivan@kslaw.com 1100 Louisiana, Suite 4000 Houston, Texas 77002 Telephone: (713) 751-3200 Facsimile: (713) 751-3290 Billy M. Donley Texas Bar No. 05977085 Mark E. Smith Texas Bar No. 24070639 BAKER & HOSTETLER LLP 811 Main Street, Suite 1100 Houston, Texas 77002 Telephone: (713) 751-1600 Facsimile: (713) 751-1717 Attorneys for Appellants Volkswagen Group of America, Inc. and Audi of America, Inc. 4 CERTIFICATE OF CONFERENCE As required by TEX. R. APP. P. 10.1, I conferred with counsel for Appellees. Counsel for Appellees have communicated to me that they do not oppose this motion for extension of time. /s/ S. Shawn Stephens S. Shawn Stephens CERTIFICATE OF SERVICE I certify that on June 8, 2015, I used the Court’s electronic case filing system to file this Motion for Extension of Time to File Appellants’ Brief and to serve this document on counsel for appellees as follows: Dennis M. McKinney Kimberly Fuchs Office of the Attorney General of Texas Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711 J. Bruce Bennett Cardwell, Hart & Bennett, LLP 807 Brazos, Suite 1001 Austin, Texas 78701 Leon V. Komkov Komkov, PC 807 Brazos, Suite 1001 Austin, Texas 78701 William R. Crocker Attorney at Law 807 Brazos, Suite 1014 Austin, Texas 78701 /s/ S. Shawn Stephens S. Shawn Stephens 5 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4067760. Public record. Not legal advice.