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.

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: [email protected] 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.

/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 [email protected]

/s/ Ellen M. Sameth Ellen M. Sameth Assistant Attorney General