FILED

15-0135
3/2/2015 3:43:22 PM
tex-4337275
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK

NO. 15-0135
In the
Supreme Court of Texas
_______________________________________
IN RE STATE OF TEXAS,

Relator.
_______________________________________
On Petition for Writ of Mandamus
Probate Court No. 1, Travis County, Texas
_______________________________________
REAL PARTY IN INTERESTS UNOPPOSED MOTION
TO EXTEND TIME TO FILE RESPONSE TO PETITION FOR WRIT OF MANDAMUS
________________________________________
TO THE HONORABLE TEXAS SUPREME COURT:
Real Party in Interest, Sonemaly Phrasavath, files this unopposed motion and
asks the Court for a thirty (30) day extension of time by which to file her response to
the petition for writ of mandamus. TEX. R. APP. P. 10.5(b); TEX. R. APP. P. 53.7. The
petition for mandamus was recently filed in this case on February 17, 2015, and the
current deadline for the response is March 12, 2015. Granting this motion for
extension of time would make the response due by Monday, April 13, 2015.
Real Party in Interest recently retained the undersigned appellate counsel Kurt
Kuhn to represent her in this mandamus proceeding in the Texas Supreme Court, and
Mr. Kuhn has not previously been involved in the underlying matter. Mr. Kuhn is

primarily responsible for drafting and filing the response and needs additional time to
familiarize himself with the record in this case and the relevant law in order to
properly prepare the response. Real Party in Interests counsel has several other
deadlines and commitments which necessitate the filing of this motion, including
preparing the requested response in the companion mandamus proceeding, In re State
of Texas, No. 15-0139.
This request is not made for the purpose of delay, but is necessary in order to
allow Real Party in Interests counsel time to properly prepare the response.
Opposing counsel has been conferred with and has indicated that they do not oppose
the granting of this motion. This is the first request for extension of time requested
for the response. Neither the Parties nor the Court will be prejudiced by the granting
of this motion.
For these reasons, Real Party in Interest, Sonemaly Phrasavath, asks the Court
to grant a thirty (30) day extension of time by which to file her response to the
petition for writ of mandamus, making the response due on April 13, 2015.

Dated: March 2, 2015

Respectfully submitted,
/s/Kurt Kuhn
Kurt Kuhn
State Bar No. 24002433
Lisa Bowlin Hobbs
State Bar No. 24026905
KUHN HOBBS PLLC
3307 Northland Drive, Suite 310
Austin, Texas 78731
(512) 476-6003
(512) 476-6002 (fax)
Lisa@KuhnHobbs.com
Kurt@KuhnHobbs.com

Craig Hopper
State Bar No. 00794947
Brian Thompson
State Bar No. 24051425
HOPPER MIKESKA, PLLC
400 West 15th Street, Suite 408
Austin, Texas 78701
(512) 615-6195
(512) 610-1306 (fax)
bthompson@hoppermikeska.com

COUNSEL FOR REAL PARTY IN INTEREST

CERTIFICATE OF CONFERENCE
Pursuant to Texas Rule of Appellate Procedure 10.1, I hereby certify that I
conferred with counsel for Relator regarding this motion, and he indicated that they
do not oppose the granting of this motion.

/s/ Kurt Kuhn

Kurt Kuhn

CERTIFICATE OF SERVICE
I hereby certify that I served a copy of this motion on counsel of record
electronically, in accordance with the Texas Supreme Courts rules on electronic filing
on March 2, 2015, as listed below:
/s/ Kurt Kuhn
Kurt Kuhn
Michael B. Knisely
Jason S. Scott
OSBORNE, HELMAN, KNEBEL, DELEERY
301 Congress Avenue, Suite 1910
Austin, Texas 78701

via e-Service

Douglas A. Booth
LAW OFFICES OF DOUGLAS A. BOOTH
3801 S. Capital of Texas Highway, Suite 255
Austin, Texas 78704

via e-Service

Counsel for Real Parties in Interest,

Unknown Heirs of Stella Marie Powell,
James Powell, and Alice Huseman
Michael P. Murphy
Assistant Solicitor General
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 12548 (MC 059)
Austin, Texas 78711-2548

via e-Service

Counsel for Relator, State of Texas