ACCEPTED 03-15-00186-CV 6469216 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/12/2015 3:44:35 PM JEFFREY D. KYLE CLERK NO. 03-15-00186-CV __________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT OF TEXAS8/12/2015 3:44:35 PM AT AUSTIN JEFFREY D. KYLE ________________________________________________Clerk GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS; AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS, Appellants v. STATEWIDE MATERIALS TRANSPORT, LTD., Appellee.

JOINT MOTION FOR THIRD EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

TO THE HONORABLE THIRD COURT OF APPEALS: On August 11, 2015, settlement discussions arose between the parties. Thus, both parties jointly move for a twenty-day extension of the Appellee’s Brief deadline to allow these negotiations to continue and to potentially finalize a settlement of this pending matter. Appellee’s current deadline is Monday, August 17. The parties seek an extension of this deadline until Tuesday, September 8 (following the Labor Day holiday on September 7).

I. INTRODUCTION 1. Appellants are Glenn Hegar, Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas (“Appellants”).

2. Appellee is Statewide Materials Transport, Ltd. (“Appellee”).

3. No rule provides a deadline to file this Motion to Extend. See Tex. R. App. P. 38.6(d).

II. ARGUMENT & AUTHORITIES 4. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to extend the time to file Appellee’s Brief. This Motion is filed in accordance with Texas Rule of Appellate Procedure 10.5(b)(1).

5. Appellee’s Brief is currently due on Monday, August 17, 2015.

6. Counsel for Appellants contacted counsel for Appellee on Tuesday, August 11, 2015, to discuss settlement possibilities. Both parties intend to continue these discussions in good faith. Both parties agree that it will be most efficient to extend the deadline for filing Appellee’s Brief for a short period of time to allow these discussions to continue and potentially result in a final settlement of the case.

7. The parties therefore jointly request a 20-day extension of Appellee’s brief-filing deadline.

8. The requested extension of Appellee’s Brief deadline will not prejudice any party.

9. Two extensions of time have previously been granted to Appellee regarding its Brief.

10. The $10.00 filing fee has been submitted in connection with this Motion.

III. PRAYER For these reasons, the Appellants and Appellee respectfully pray that this Court grant an extension of time to file Appellee’s Brief from August 17 to September 8, 2015, which is 20 days from the current deadline.

Respectfully submitted, MARTENS, TODD, LEONARD, TAYLOR & AHLRICH Congress Ave., Suite 1950 Austin, Texas 78701 Telephone: (512) 542-9898 Telecopier: (512) 542-9899 By: /s/ Amanda G. Taylor Amanda Taylor [email protected] State Bar No. 24045921 James F. Martens [email protected] State Bar No. 13050720 Lacy L. Leonard [email protected] State Bar No. 24040561 Danielle V. Ahlrich [email protected] State Bar No. 24059215 ATTORNEYS FOR APPELLEE STATEWIDE MATERIALS TRANSPORT, LTD.

JOINED BY KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General SCOTT A. KELLER Solicitor General BY: /s/ Douglas D. Geyser DOUGLAS D. GEYSER Assistant Solicitor General State Bar No. 24059817 [email protected] CHARLES K. ELDRED Assistant Attorney General [email protected] OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 Tel.: (512) 936-2540 Fax: (512) 474-2697 COUNSEL FOR APPELLANTS GLENN HEGAR, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL OF THE STATE OF TEXAS

CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that on August 12, 2015, counsel for Appellee has conferred with counsel for Appellants, both Mr. Douglas Geyser and Mr. Charles Eldred, and they agree to join in the relief requested by this Motion.

/s/ Amanda G. Taylor Amanda G. Taylor

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Joint Motion for a Third Extension of Time to File Appellee’s Brief has been electronically filed and served on all counsel below on August 12, 2015.

Douglas D. Geyser Assistant Solicitor General OFFICE OF THE ATTORNEY GENERAL P.O. Box 12548 (MC 059) Austin, Texas 78711-2548 (512) 936-2540 (512) 474-2697 [fax] [email protected] Charles Eldred Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL, FINANCIAL AND TAX LITIGATION DIVISION P.O. Box 12548 Austin, Texas 78711 (512) 463-1745 (512) 477-2348 [fax] [email protected]

/s/ Amanda G. Taylor Amanda G. Taylor