The opinion
ACCEPTED
03-15-00285-CV
6114596
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/17/2015 12:35:13 PM
JEFFREY D. KYLE
CLERK
CAUSE NO. 03-15-00285-CV
FILED IN
IN THE COURT OF APPEALS 3rd COURT OF APPEALS
AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS
7/17/2015 12:35:13 PM
AUSTIN, TEXAS
JEFFREY D. KYLE
Clerk
VOLKSWAGEN GROUP OF AMERICA, INC. AND AUDI OF AMERICA, INC. OF TEXAS
Appellants,
v.
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
Honorable Amy Clark Meachum, Presiding Judge
APPELLEES O’MALLEY AND WILKOV’S
FIRST MOTION FOR EXTENSION OF TIME
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
Appellee, Ken Paxton, Attorney General of Texas, files this motion requesting
this Court to extend the time for filing Appellee’s brief by 14 days to August 14,
2015.
A. Current Deadline.
The current deadline for filing the response is July 31, 2015.
B. Length of Extension Sought for Filing the Response.
Respondent seeks an additional 14 days from July 31, 2015 through and
including August 14, 2015.
C. Number of Previous Extensions Granted.
This is the first extension requested by Appellees. Appellants were granted a
14 day extension previously.
D. Facts Explaining the Needed Extension.
Appellee’s counsel requests this extension in light of some previously
scheduled deadlines, including a deadline to file a Petition for Review in the
Supreme Court. Appellee’s counsel will also be out of state visiting family from
July 18, 2015 through July 26, 2015.
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. Counsel for
Appellee Walker and counsel for both intervenors are unopposed to this motion.
Counsel for Appellants is opposed. Accordingly, Appellees O’Malley and Wilkov
ask that this Motion be granted and that they be given until August 14, 2015, to file
their brief in this case.
Respectfully Submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
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SHELLEY DAHLBERG
Associate Deputy Attorney General for Civil
Litigation
DAVID A. TALBOT, JR.
Chief, Administrative Law Division
/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 APPELLEES 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
CERTIFICATE OF CONFERENCE
I hereby certify that counsel for Appellee conferred with counsel for the
Appellee Walker and counsel for all intervenors and was advised that they were
unopposed to this motion. Counsel for Appellants advised the undersigned that
Appellant is opposed to this motion.
/s/ Kimberly Fuchs
KIMBERLY FUCHS
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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 July 17, 2015, on the following
parties via electronic service and e-mail:
S. SHAWN STEPHENS J. BRUCE BENNETT
Texas Bar No. 19160060 State Bar No. 02145500
JAMES P. SULLIVAN Cardwell, Hart & Bennett, LLP
Texas Bar No. 24070702 807 Brazos, Suite 1001
King & Spalding LLP Austin, Texas 78701
1100 Louisiana, Suite 4000 Telephone: (512) 322-0011
Houston, Texas 77002 Facsimile: (512) 322-0808
Telephone: (713) 751-3200 jbb.chblaw@sbcglobal.net
Facsimile: (713) 751-3290
sstephens@kslaw.com
jsullivan@kslaw.com JOSEPH W. LETZER
State Bar No. 24030763
DENT M. MORTON
BILLY M. DONLEY State Bar No. 24056645
State Bar No. 05977085 Burr & Forman, LLP
MARK E. SMITH 420 20TH Street N, Suite 3400
State Bar No. 24070639 Birmingham, AL 35203-5210
Baker & Hostetler LLP Telephone: (205) 251-3000
811 Main Street, Suite 1100 Facsimile: (205) 458-5100
Houston, Texas 77002 jletzer@burr.com
Telephone: (713) 751-1600 dmorton@burr.com
Facsimile: (713) 751-1717
bdonley@bakerlaw.com Attorneys for Appellees
mesmith@bakerlaw.com Ricardo M. Weitz, Hi Tech Imports North,
LLC, Hi Tech Imports South, LLC, and
Attorneys for Appellants Hi Tech Imports, LLC
Volkswagen Group of Americas, Inc.
and Audi of America, Inc.
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WILLIAM. R. CROCKER DENNIS McKINNEY
State Bar No. 5091000 State Bar No. 13719300
Attorney at Law Assistant Attorney General
807 Brazos, Ste 1014 Administrative Law Division
Austin, Texas 78701 Office of the Attorney General of Texas
P.O. Box 1418 P.O. Box 12548, Capitol Station
Austin, Texas 78767 Austin, Texas 78711-2548
Telephone: (512) 478-5611 Telephone: (512) 475-4020
Facsimile: (512) 474-2540 Facsimile: (512) 320-0167
crockerlaw@earthlink.net dennis.mckinney@texasattorneygeneral.gov
Attorney for Appellee Attorney for Appellee
Budget Leasing, Inc. d/b/a John Walker III, in his official capacity as
Audi North Austin and Chairman of the Texas Department of
Audi South Austin Motor Vehicles Board
/s/ Kimberly Fuchs
KIMBERLY FUCHS
ATTORNEY FOR APPELLEES
SOAH ADMINISTRATIVE LAW JUDGES
O’MALLEY AND WILKOV
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