Texas Department of Public Safety v. Leroy Torres

ACCEPTED 15-24-00089-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/17/2024 4:31 PM No. 15-24-00089-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN FOR THE FIFTEENTH JUDICIAL DISTRICT AUSTIN, TEXAS 15th COURT OF APPEALS AUSTIN, TEXAS 12/17/2024 4:31:55 PM __________________________________________________ CHRISTOPHER A. PRINE Clerk TEXAS DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellant, v. LEROY TORRES, Plaintiff-Appellee. _________________________________________________ On Appeal from the County Court at Law Number One Nueces County, Texas Trial Court Cause No. 2017-CCV-61016-1 _________________________________________________ APPELLANT TEXAS DEPARTMENT OF PUBLIC SAFETY’S MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF

KEN PAXTON KIMBERLY GDULA Attorney General of Texas Chief, Law Enforcement Defense BRENT WEBSTER JASON T. CONTRERAS* First Assistant Attorney General Assistant Attorney General Texas Bar No. 24032093 RALPH MOLINA Office of the Attorney General Deputy First Assistant General Litigation Division Attorney General Post Office Box 12548 Austin, Texas 78711-2548 JAMES LLOYD (512) 463-2120 / (512) 320-0667 Deputy Attorney General for [email protected] Defense Litigation *Counsel of Record TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Pursuant to the Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellant, the Texas Department of Public Safety, respectfully moves to extend time to file its reply brief to January 24, 2025. Counsel for Appellee has indicated that he is not opposed to this request.

Appellant’s Brief is currently due on January 6, 2025. Appellant’s counsel will be out of the country during the holidays and will not return until January 7, 2025. As a result, there is insufficient time to review Appellee’s Brief and draft, revise, and finalize the Brief by the current deadline.

CONCLUSION Accordingly, Appellant respectfully requests that the Court grant this motion thereby extending the deadline to file its reply Brief to January 24, 2025.

Respectfully submitted.

KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General JAMES LLOYD Deputy Attorney General for Civil Litigation KIMBERLY GDULA Chief, General Litigation Division /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General Texas Bar No. 24032093 Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 210-270-1109 Fax: 512-320-0667 Email: [email protected] Attorneys for Defendant

CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served electronically through the electronic-filing manager, File and Serve Texas, on December 17, 2024 to: Stephen J. Chapman Webb Cason & Manning, P.C.

710 N. Mesquite Street Corpus Christi, TX 78401 [email protected]; [email protected] Brian J. Lawler Pro Hac Vice Pilot Law, P.C.

4632 Mt. Gaywas Drive San Diego, CA 92117 [email protected] Counsel for Plaintiff /s/ Jason T. Contreras Jason T. Contreras Assistant Attorney General

Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Nicole Myette on behalf of Jason Contreras Bar No. 24032093 [email protected] Envelope ID: 95423974 Filing Code Description: Motion Filing Description: 20241217_Aplnts MET File Reply Brief Status as of 12/17/2024 4:54 PM CST Associated Case Party: Leroy Torres Name BarNumber Email TimestampSubmitted Status Stephen Chapman 24001870 [email protected] 12/17/2024 4:31:55 PM SENT Brian J.Lawler [email protected] 12/17/2024 4:31:55 PM SENT Matthew Manning 24075847 [email protected] 12/17/2024 4:31:55 PM SENT

Associated Case Party: Texas Department of Public Safety Name BarNumber Email TimestampSubmitted Status Jason Contreras [email protected] 12/17/2024 4:31:55 PM SENT Nicole A.Myette [email protected] 12/17/2024 4:31:55 PM SENT