SignAd, Ltd. v. Texas Department of Transportation

ACCEPTED 15-24-00075-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/17/2024 3:59 PM NO. 15-24-00075-CV CHRISTOPHER A. PRINE _____________________________________________________________________ CLERK FILED IN IN THE FIFTEENTH COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS DISTRICT OF TEXAS AT AUSTIN 12/17/2024 3:59:26 PM _____________________________________________________________________ CHRISTOPHER A. PRINE Clerk SIGNAD, LTD., Appellant, V. TEXAS DEPARTMENT OF TRANSPORTATION, Appellee. _____________________________________________________________________ APPELLEE’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF _____________________________________________________________________ TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Appellee, the Texas Department of Transportation, presents this motion pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure and respectfully moves the Court for an extension of time to file its brief. As grounds for this motion, Appellee shows the Court the following: 1. Appellee’s brief is due to be filed on Friday, December 20, 2024.

2. Appellee requests an extension of thirty-two days from the current deadline, making its brief due on Tuesday, January 21, 2025. Appellee requests this extension because thirty days from December 20, 2024, falls on Sunday, December 19, 2025, with the following day Monday, January 20, 2025, being a federal holiday: Martin Luther King Day.

3. This is Appellee’s first request for extension of time to file its brief.

4. Appellant is not opposed to this request for extension of time.

5. Appellee requires an extension to file its brief because time constraints on appellate counsel have made it impossible to complete the brief by December 20, 2024. In addition to numerous routine duties, appellate counsel has made substantial time commitments to the following: a. Attending an in-person contested hearing on November 22, 2024, appearing at a deposition on December 17, 2024, and drafting pre-trial disclosures for Marcos Saenz, Individually, and as Next Friend of S.S. and M.S., Cause No. 2020CV05025, pending in County Court at Law No. 3 in Bexar County, Texas; b. Attending in-person mediation on December 3, 2024, for State v. New Burnin’ Bush, LLC, Cause No. 2023ED00015, pending in Probate Court No. 1 of Bexar County, Texas; c. Attending an in-person contested hearing on December 11, 2024, for Oncor Elec. Delivery Co. LLC v. Tex. Dep’t of Transp., Cause No. 039-20-CV, pending in County Court at Law No. 1 of Angelina County, Texas; and d. Preparing and serving expert designation reports for State v. Levine Inv. Ltd. P’Ship, Cause No. 2022ED00024, State v. San Antonio

ZCF Pharm. Dist., Cause No. 2022ED00012, and State v. LMDN SA, Ltd. P’ship, Cause No. 2022ED00034, all pending in Probate Court No. 2 of Bexar County, Texas; 6. In addition, the Office of the Texas Attorney General was operating with limited staff on Tuesday, November 26 and Wednesday, November 27, 2024, and was closed on Thursday, November 28 and Friday, November 29, 2024, in observance of Thanksgiving.

7. Lastly, the Office of the Texas Attorney General conducts a review process prior to submission of appellate briefs which involves multiple attorneys with varying schedules.

For these reasons, Appellee respectfully requests that the Court grant an extension for filing its brief until Tuesday, January 21, 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

NANETTE DINUNZIO Chief, Transportation Division

/s/Joshua Longi JOSHUA LONGI State Bar No. 24095228 [email protected] Assistant Attorney General Transportation Division P. O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 383-6280 Fax Number: (512) 936-0888 ATTORNEY FOR APPELLEE, TEXAS DEPARTMENT OF TRANSPORTATION

CERTIFICATE OF CONFERENCE I hereby certify that on December 16, 2024, Appellee’s counsel emailed counsel for Appellant and Appellant indicated it does not oppose this motion.

/s/Joshua Longi JOSHUA LONGI Assistant Attorney General

CERTIFICATE OF SERVICE This is to certify that on this day, December 17, 2024, a true and correct copy of the foregoing Appellee’s Unopposed First Motion for Extension of Time to File Brief was sent to the following as indicated below: Via Electronic Service Richard L. Rothfelder [email protected] Christopher W. Rothfelder [email protected] Rothfelder & Falick, L.L.P. 1517 Heights Blvd. Houston Texas 77008 ATTORNEYS FOR APPELLANT SIGNAD, LTD.

/s/Joshua Longi JOSHUA LONGI 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.

Ally Wickliffe on behalf of Joshua Longi Bar No. 24095228 [email protected] Envelope ID: 95421064 Filing Code Description: Motion Filing Description: Appellee's Unopposed First Motion for Extension of Time to File Brief Status as of 12/17/2024 4:10 PM CST Associated Case Party: SignAd, Ltd. Name BarNumber Email TimestampSubmitted Status Christopher W.Rothfelder [email protected] 12/17/2024 3:59:26 PM SENT Richard L.Rothfelder [email protected] 12/17/2024 3:59:26 PM SENT

Associated Case Party: Texas Department of Transportation Name BarNumber Email TimestampSubmitted Status Joshua Longi 24095228 [email protected] 12/17/2024 3:59:26 PM SENT Ally Wickliffe [email protected] 12/17/2024 3:59:26 PM SENT