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No. 14-50196
In the United States Court of Appeals for the Fifth Circuit
_____________
Cleopatra DeLeon; Nicole Dimetman; Victor Holmes;
Mark Phariss,
Plaintiffs-Appellees,
v.
Rick Perry, In His Official Capacity As Governor Of The
State Of Texas; Greg Abbott, In His Official Capacity
As Texas Attorney General; David Lakey, In His Official
Capacity As Commissioner Of The Department Of State
Health Services,
Defendants-Appellants.
_____________
On Appeal from the United States District Court
for the Western District of Texas, San Antonio Division
Case No. 5:13-cv-982
_____________

Appellants Unopposed Motion To Extend Time
To File Reply Brief Of Appellants
_____________

The appellants respectfully ask the Court to grant them an additional 14
days to file their reply brief, which is currently due on September 26, 2014.
This would create a new deadline of October 10, 2014. The request is unop-
posed.
The appellants are requesting this extension because the schedule of the
lead counsel for the appellants, Solicitor General Jonathan F. Mitchell, does
not permit him to file a brief that would be of assistance to the Court by Sep-
Case: 14-50196 Document: 00512771856 Page: 1 Date Filed: 09/17/2014

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tember 26. Last week, Mr. Mitchell had to brief and argue an emergency-stay
application in Whole Womans Health v. Lakey, No. 14-50928, on which this
Court held oral arguments on Friday, September 12, 2014. Mr. Mitchell was
also responsible for writing and filing the appellees brief in Frew v. Janek,
No. 14-40048, which the State filed on Monday, September 15, 2014. In ad-
dition to those cases, Mr. Mitchell has ongoing responsibilities in the law-
suits challenging the States voter-identification law. Finally, the magnitude
of the constitutional issues in this case, and the large number of amicus briefs
that have been filed, require extra time for the appellants to read and respond
to the arguments. This extension is not sought for delay, but so that the ap-
pellants have the time necessary to prepare a brief that will be helpful to the
Court.
Conclusion
The appellants respectfully request an additional 14 days to file the Ap-
pellants Reply Brief, making the brief due on October 10, 2014.
Case: 14-50196 Document: 00512771856 Page: 2 Date Filed: 09/17/2014

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Respectfully submitted.

Greg Abbott
Attorney General of Texas

Daniel T. Hodge
First Assistant Attorney General

/s/ Jonathan F. Mitchell
Jonathan F. Mitchell
Solicitor General

Office of the Attorney General
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548
(512) 936-1700

Counsel for Defendants-Appellants
Case: 14-50196 Document: 00512771856 Page: 3 Date Filed: 09/17/2014

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Certificate of Service
I certify that this document has been filed with the clerk of the court and
served by ECF on September 17, 2014, upon counsel for Appellants.



/s/ Jonathan F. Mitchell
Jonathan F. Mitchell
Counsel for Defendants-Appellants


Certificate of Electronic Compliance
Counsel also certifies that on September 17, 2014, this motion was
transmitted to Mr. Lyle W. Cayce, Clerk of the United States Court of Ap-
peals for the Fifth Circuit, via the courts CM/ECF document filing system,
https://ecf.ca5.uscourts.gov/.
Counsel further certifies that: (1) required privacy redactions have been
made, 5th Cir. R. 25.2.13; (2) the electronic submission is an exact copy of
the paper document, 5th Cir. R. 25.2.1; and (3) the document has been
scanned with the most recent version of Symantec Endpoint Protection and
is free of viruses.


/s/ Jonathan F. Mitchell
Jonathan F. Mitchell
Counsel for Defendants-Appellants


Case: 14-50196 Document: 00512771856 Page: 4 Date Filed: 09/17/2014

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Certificate of Conference
Counsel for Appellants contacted Daniel McNeel Lane, Jr., counsel for
Appellees, by telephone on September 9, 2014, and Appellees do not oppose
this motion.

/s/ Jonathan F. Mitchell
Jonathan F. Mitchell
Counsel for Defendants-Appellants


Case: 14-50196 Document: 00512771856 Page: 5 Date Filed: 09/17/2014

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