IN THE 346th JUDICIAL DISTRICT COURT

EL PASO COUNTY, TEXAS

THE STATE OF TEXAS §

EX REL. OMAR CARMONA §
§
Relator-Plaintiff §
§
v. § Cause No. 2022DCV2472
§
YVONNE ROSALES §
In her Official Capacity as §
District Attorney of the 34th §
Judicial District §
§
Respondent-Defendant §

MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF INTENT

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, EL PASO COUNTY ATTORNEY JO ANNE BERNAL on behalf of the

State of Texas and moves for an extension of time to file its notice of the State's intent to prosecute

this suit or dismiss it. In support thereof, the State would respectfully show the Court as follows:

Pursuant to the Court’s order Granting Application for Citation to be Served on Respondent

of September 14, 2022, EL PASO COUNTY ATTORNEY JO ANNE BERNAL is ordered to file

either a notice of the State's intent to prosecute this suit or a motion to dismiss it within ten (10)

days of after service of the citation on Respondent before 10:00 a.m. not counting the date of

service. Respondent Rosales was served a copy of the citation on September 26, 2022.

Due to the complex legal and factual nature of the arguments raised in Plaintiff/Relator

Omar Carmona’s Petition to Remove District Attorney of the 34th Judicial District Yvonne

Rosales and Jury Demand filed on August 24, 2022, and the County Attorney’s duty to

independently review same, EL PASO COUNTY ATTORNEY JO ANNE BERNAL respectfully

Motion to Extend Deadline 1

requests that the deadline for the filing of the State’s Notice to prosecute or dismiss be extended

to November 1, 2022.

WHEREFORE, PREMISES CONSIDERED, EL PASO COUNTY

ATTORNEY JO ANNE BERNAL on behalf of the State of Texas respectfully moves this

Honorable Court to grant this Motion for Extension of Time and for such other and further relief

to which it may show itself justly entitled.

Respectfully submitted,
JO ANNE BERNAL
EL PASO COUNTY ATTORNEY
500 East San Antonio, Room 503
El Paso, Texas 79901
Bus: (915) 546-2050
Fax: (915) 546-2133
Tex. Bar No. 02208720

BY: JOSE M. GONZALEZ

Assistant County Attorney
Tex. Bar No. 08129225

BY: IAN R. KAPLAN

Assistant County Attorney
Tex. Bar No. 24043747

BY: JOHN E. UNTEREKER

Assistant County Attorney
Tex. Bar No. 24080627

Motion to Extend Deadline 2

 CERTIFICATE OF SERVICE

I certify that a true copy of the above was served on El Paso District Attorney Yvonne
Rosales (yvrosales@epcounty.com) in accordance with the Texas Rules of Civil Procedure on
September 26, 2022. I further certify that a copy was sent through electronic mail to Omar
Carmona (omar@clmfirm.com) who filed the removal petition and that courtesy copies were sent
via electronic mail to Francisco Macias (ffmatty1@gmail.com) and Luis Yanez
(luis@yanezlawfirm.com).

Motion to Extend Deadline 3