ACCEPTED 03-14-00626-CV 4775818 THIRD COURT OF APPEALS AUSTIN, TEXAS 4/6/2015 3:35:19 PM JEFFREY D. KYLE CLERK No. 03-14-00626-CV ____________________________________________________ FILED IN 3rd COURT OF APPEALS In the Court of Appeals AUSTIN, TEXAS for the Third Judicial District 4/6/2015 3:35:19 PM JEFFREY D. KYLE Austin, Texas Clerk ____________________________________________________ Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas, Appellants, v. Budget PrePay, Inc., Appellee. ____________________________________________________ On Appeal from the 126th Judicial District Court Travis County, Texas ____________________________________________________ Appellants’ Agreed Status Report and Motion to Abate this Appeal for an Additional Thirty Days ____________________________________________________ To the Honorable Third Court of Appeals: 1. On October 3, 2014, Appellants filed their notice of appeal.

2. On November 14, 2014, Appellants filed an unopposed motion to abate the appeal on the grounds that the case had settled in principle.

3. On November 20, 2014, the Court granted the motion to abate.

Appellants’ Agreed Status Report and Motion to Abate this Appeal for an Additional Thirty Days Page 1 4. On December 30, 2014, all parties signed a compromise and settlement agreement.

5. Various issues arose with the settlement, and the parties eventually signed an addendum to the settlement on April 2, 2015. The Comptroller is in the process of issuing a check which will complete the settlemenmt process.

6. Consequently, Appellants request that this appeal be abated for an additional thirty days, or until May 6, 2015, by which time Appellants anticipate that the settlement will be complete and the appeal will be dismissed.

7. Counsel for Appellees agrees with the above.

Wherefore, Appellants request that this motion be granted, and that this appeal be abated until May 6, 2015.

Respectfully submitted, KEN PAXTON Attorney General CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Defense Litigation ROBERT O’KEEFE Division Chief Financial Litigation, Tax, and Charitable Trusts Division

Appellants’ Agreed Status Report and Motion to Abate this Appeal for an Additional Thirty Days Page 2 /s/ Charles K. Eldred CHARLES K. ELDRED Attorney-in-Charge Financial Litigation, Tax, and Charitable Trusts Division State Bar No. 00793681 P.O. Box 12548 Austin, Texas 78711-2548 512-475-1743 512-477-2348 (fax) [email protected] Attorneys for Appellants

CERTIFICATE OF CONFERENCE I conferred with Anthony Gulotta, counsel for Appellant, and he agrees with the facts stated in this status report and is unopposed to this motion to abate.

/s/ Charles K. Eldred Charles K. Eldred

CERTIFICATE OF SERVICE I certify that a copy of this document was served on April 6, 2015, on Anthony Gulotta, counsel for Appellant, at [email protected].

/s/ Charles K. Eldred Charles K. Eldred

Appellants’ Agreed Status Report and Motion to Abate this Appeal for an Additional Thirty Days Page 3