PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc.
PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc.
Opinion
ACCEPTED 15-24-00088-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/5/2025 3:39 PM No. 15-24-00088-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth Court of Appeals 15th AUSTIN, COURT OF APPEALS TEXAS 2/5/2025 3:39:54 PM PLS Check Cashers of Texas, inc.// Bobby Wilkinson, in his Official CHRISTOPHER A. PRINE Capacity as Executive Director of the Texas Department of Clerk Housing and Community Affairs, Appellant// Cross-Appellant, v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in his Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// PLS Check Cashers of Texas, inc. Appellees// Cross-Appellee.
On Appeal from the 201st Judicial District Court, Travis County SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS Pursuant to Rules 10.5(b) and 38.6(a)(2) of the Texas Rules of Appellate Procedure, the parties, Appellant/ Cross-Appellee, PLS Check Cashers of Texas, Inc. (“Appellant”) and Cross-Appellant/Appellee, Bobby Wilkinson, in his official capacity as Executive Director of the Texas Department of Housing and Community Affairs (“TDHCA”)(“Cross-Appellant”) respectfully seek an extension of 10 days to file their Reply Briefs, through and until February 18, 2025.
Appellant’s and Cross-Appellant’s are currently due February 5, 2025. The parties jointly request this extension primarily because counsel have been unable to devote adequate time to this matter. Counsel for PLS Check Cashers, Inc. had a January 23, 2025 hearing set in Blackswan Steel, LLC v. New Age Drywall, LLC, Cause No. 24-CV-1023, in the 212th District Court, Galveston County, Texas. In addition, counsel was responsible for preparing and filing a Reply Brief on January 27, 2025, in CEMEX Construction Materials South, LLC v. Tejas Avco, Inc., Cause No. 14-24-00268-CV, in the Fourteenth Court of Appeals at Houston. In addition, the undersigned counsel is responsible for preparing and filing an Appellant’s Brief on February 7, 2025, in Lufkin Mall Realty Holding LLC v. Lufkin Investment Partners LLC, Cause No. 12-24-00326-CV, in the Twelfth Court of Appeals at Tyler; as well as an Appellant’s Brief in Cause No.05-24-01515-CV, Louis Carter, Jr. v. Timothy C. Sanders, in the Fifth Court of Appeals at Dallas, on February 23, 2025; and, In addition, Counsel for TDHCA and Bobby Wilkinson has been required to devote time to the following other matters: As the deadlines for Appellant and Cross-Appellant’s briefs run concurrently, this request for an extension not for purposes of delay but in the interest of justice and fairness and so that Appellant’s and Cross- Appellant’s counsel may have adequate time to prepare the parties’ respective briefs in light of the above-noted considerations. No party will be prejudiced by this request.
Prayer For these reasons, Appellant and Cross-Appellant respectfully request an extension of 10 days to file their Reply Briefs, through and until February 18, 2025.
Dated: February 5, 2025.
Respectfully submitted, KEN PAXTON /S/ BRIANNA M. KROMINGA Attorney General of Texas BRIANNA M. KROMINGA Assistant Attorney General BRENT WEBSTER Texas Bar No. 24103252 First Assistant Attorney General Office of the Attorney General RALPH MOLINA General Litigation Division Deputy First Assistant Attorney P.O. Box 12548, Capitol Station General Austin, Texas 78711-2548 (214) 290-8884 (Main) JAMES LLOYD (512) 320-0667 (Fax) Deputy Attorney General for Civil [email protected] Litigation KIMBERLY GDULA Chief, General Litigation Division COUNSEL FOR CROSS-APPELLANT/ APPELLEES /S/ NICHOLAS D. STEPP NICHOLAS D. STEPP TEXAS BAR NO. 24077701 [email protected] BEN STEPHENS TEXAS BAR. NO. 24098472 [email protected] HUSCH BLACKWELL LLP TRAVIS ST., SUITE 2350 HOUSTON, TEXAS 77002 (713) 525-6263 LYNN HAMILTON BUTLER TEXAS BAR NO. 03527350 [email protected] HUSCH BLACKWELL LLP CONGRESS AVENUE, SUITE 1400 AUSTIN, TEXAS 78701 (512) 472-5456 (MAIN) (512) 479-1101 (FAX) ALEJANDRA GARCIA CASTRO TEXAS BAR NO. 24131325 ALEJANDRA.GARCIACASTRO@HUSCHBLAC KWELL.COM 1900 N. PEARL STREET, SUITE 1800 DALLAS, TEXAS 75201 (214) 981-7053 COUNSEL FOR APPELLANT/ CROSS- APPELLEE CERTIFICATE OF CONFERENCE On February 4–5, 2025, in accordance with Rule 10.1(a)(5), the office of the undersigned conferred by electronic mail with counsel for Appellees/Cross-Appellants, Brianna Krominga, who agrees to the filing and contents of this joint motion.
/s/ Nicholas D. Stepp Nicholas D. Stepp
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served electronically on all counsel of record on this February 5, 2025, in accordance with Tex. R. App. P. 9(5)(b)(1): Brianna M. Krominga Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (214) 290-8884 (Main) (512) 320-0667 (Fax) [email protected]
/s/ Nicholas D. Stepp Nicholas D. Stepp 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. darlyn castillo on behalf of Nicholas Stepp Bar No. 24077701 [email protected] Envelope ID: 97025042 Filing Code Description: Motion Filing Description: Joint Motion for Extension of Time to File Reply Briefs Status as of 2/5/2025 4:03 PM CST Associated Case Party: PLS Check Cashers of Texas, Inc. Name BarNumber Email TimestampSubmitted Status Nick Stepp [email protected] 2/5/2025 3:39:54 PM SENT Lynn H.Butler [email protected] 2/5/2025 3:39:54 PM SENT Benjamin Stephens [email protected] 2/5/2025 3:39:54 PM SENT Alejandra Garcia Castro [email protected] 2/5/2025 3:39:54 PM SENT
Associated Case Party: Texas Department of Housing and Community Affairs Name BarNumber Email TimestampSubmitted Status Brianna Krominga 24103252 [email protected] 2/5/2025 3:39:54 PM SENT Tristan AGarza [email protected] 2/5/2025 3:39:54 PM SENT
Associated Case Party: Bobby Wilkinson Name BarNumber Email TimestampSubmitted Status Brianna Krominga [email protected] 2/5/2025 3:39:54 PM SENT Tristan AGarza [email protected] 2/5/2025 3:39:54 PM SENT
Case Contacts Name BarNumber Email TimestampSubmitted Status HBCourtFilings HOU [email protected] 2/5/2025 3:39:54 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.