The opinion
ACCEPTED
03-16-00631-CV
13881806
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/18/2016 3:13:26 PM
JEFFREY D. KYLE
CLERK
CASE NO. 03-16-00631-CV
__________________________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN
11/18/2016 3:13:26 PM
__________________________________________________________________
JEFFREY D. KYLE
Clerk
TEXAS DEPARTMENT OF FAMILY
AND PROTECTIVE SERVICES,
Appellant,
v.
CHERYL WALLACE,
Appellee.
On Appeal from the 126th Judicial District Court of Travis County, Texas;
Cause No. D-1-GN-14-003182; Before the Honorable Orlinda Naranjo
APPELLANT’S SECOND UNOPPOSED
MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant, Texas Department of Family and Protective Services (“the
Department”), files its Second Unopposed Motion to Extend Time to File
Appellant’s Brief, pursuant to Tex. R. Appellate Proc. 10.5(b) and 38.6. In support
hereof, the undersigned would respectfully show the Court the following:
Appellant’s Brief is due on November 22, 2016. Appellant requests a 17-day
extension (taking into account the Thanksgiving Holiday) to December 9, 2016. In
addition to the cases cited in Appellant’s First Unopposed Motion to Extend Time
which resulted in the initial request for an additional 15 days in which to file,
Appellant was required to prepare for hearings:
Shantell Washington d/b/a Cozy Kids Child Care Academy v. Texas
Department of Family and Protective Services, Cause No. 2016-73247, heard in the
ancillary court of Harris County, Texas, on November 14, 2016;
Ex Parte A.T., Cause No. 2016CI16377, In the 150th Judicial District Court of
Bexar County, Texas. This cause was set for hearing on November 17, 2016. This
cause required significantly more preparatory work than counsel initially planned;
Appellant has a hearing in Cause No. D-1-GN-16-000767, Eleanor Janice
Law v. University of Texas System, and Texas Higher Education Coordinating
Board and Teacher Retirement System of Texas and Texas Optional Retirement
System, et. al., set for November 28, 2016;
Appellant has a hearing in Cause No. 2016-30247, Ex Parte HCV, in the 113th
Judicial District Court of Harris County, Texas, on December 2, 2016.
Additionally, Appellant has other cases requiring attention.
This request is not being made for purposes of delay only.
For the reasons stated above, Appellant respectfully requests that the Court
grant a 17–day extension of time in which to file Appellant’s Brief, to December 9,
2016, and for such other and further relief to which it may be justly entitled.
2
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
JEFFREY C. MATEER
First Assistant Attorney General
BRANTLEY STARR
Deputy First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
NICHOLE BUNKER-HENDERSON
Chief, Administrative Law Division
/s/ Ellen M. Sameth
ELLEN M. SAMETH
Assistant Attorney General
Texas State Bar No. 17555550
OFFICE OF THE TEXAS ATTORNEY GENERAL
ADMINISTRATIVE LAW DIVISION
P.O. Box 12548
Austin, Texas 78711-2548
Telephone: (512) 936-1838
Facsimile: (512) 457-4608
E-mail: ellen.sameth@oag.texas.gov
ATTORNEYS FOR TEXAS DEPARTMENT OF
FAMILY AND PROTECTIVE SERVICES
CERTIFICATE OF CONFERENCE
I certify that I have conferred with Martin Cirkiel, Appellee’s counsel, on
November 18, 2016, regarding this request, and that Appellee is unopposed to the
granting of the requested extension of time in which to file Appellant’s Brief.
3
/s/ Ellen M. Sameth
Ellen M. Sameth
Assistant Attorney General
CERTIFICATE OF SERVICE
I hereby certify that on November 18, 2016, a true and correct copy of the
foregoing document was served via the Court’s ECF system and via electronic mail
to counsel of record:
Martin J. Cirkiel
Cirkiel & Associates, P.C.
1901 E. Palm Valley Blvd.
Round Rock, Texas 78664
marty@cirkielaw.com
/s/ Ellen M. Sameth
Ellen M. Sameth
Assistant Attorney General
4