State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

ACCEPTED 15-25-00013-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/6/2025 9:32 AM No. 15-25-00013-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth Court of Appeals 15th COURT OF APPEALS AUSTIN, TEXAS Austin, Texas 3/6/2025 9:32:14 AM CHRISTOPHER A. PRINE Clerk STATE OF TEXAS, THE TEXAS FACILITIES COMMISSION, THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, MIKE NOVAK, IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE TFC, AND ROLLAND NILES, IN HIS OFFICIAL CAPACITY AS DEPUTY EXECUTIVE COMMISSIONER FOR THE SYSTEM SUPPORT SERVICES DIVISION OF THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, Appellants, v. BROADMOOR AUSTIN ASSOCIATES, a Texas joint venture, Appellee. _________________________________________________________________ On Appeal from Cause No. D-1-GN-23-007899 In the 455th Judicial District of Travis Count, Texas

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellants, the State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in his Official capacity as Executive Director of the Texas Facilities Commission, and Rolland Niles, in his Official Capacity as Deputy Executive Commissioner for the System Support Services division of the Texas Health and Human Services Commission (“Appellants”) file this unopposed motion seeking a short one-week extension of time to file Appellants’ Brief to March 17, 2025.

In support of this motion, Appellants show the following: 1. Appellants filed an interlocutory appeal pursuant to Civil Practice and Remedies Code section 51.014(a)(8), which allows for an immediate appeal from an order that denies a plea to the jurisdiction.

Appellants’ deadline to file Appellants’ Brief is March 10, 2025.

2. This is the second request for an extension.

3. The motion is unopposed.

4. The following grounds provide good cause for extending the time to file Appellants’ Brief. Petitioner’s counsel received a short 5-day extension but was unfortunately out of the office between February 10-12 and 25-27, 2025 due to a medical condition and illnesses, including taking leave to take care of her minor children. Appellants’ counsel has also been busy preparing for a March 4, 2025 deadline for Supplemental Briefing before this Court in No. 15-24-00057-CV, Tarleton State University v. Foundation for Individual Rights and Expression.

5. This motion is not filed for the purpose of delay, nor will Appellee be harmed because Appellee is unopposed to this extension request.

Prayer For these reasons, Appellants respectfully request that the Court grant an extension of time of one-week to file Appellants’ Brief to March 17, 2025.

Respectfully submitted.

KEN PAXTON Attorney General BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation KIMBERLY GDULA Chief, General Litigation Division /s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Attorney in Charge Texas Bar No. 24122680 Assistant Attorneys General General Litigation Division P.O. Box 12548 Austin, Texas 78711 (210) 270-1118 – Phone (512) 320-0667 – Fax [email protected] Counsel for Appellants

CERTIFICATE OF SERVICE I certify that on March 6, 2025, a true and correct copy of this document was served via the court’s e-service system on the following counsel of record: Jason R. LaFond Sara Clark Casey Dobson Scott Douglass & McConnico LLP Colorado Street, Suite 2400 Austin, Texas 78701 (512) 495-6300 Phone (512) 495-6399 Fax [email protected] [email protected] [email protected] Counsel for Appellee

/s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON 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.

Alyssa Bixby-Lawson on behalf of Alyssa Bixby-Lawson Bar No. 24122680 [email protected] Envelope ID: 98131912 Filing Code Description: Motion Filing Description: Unopposed Motion for Extension of Time to File Appellants' Brief Status as of 3/6/2025 9:45 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Michaelle Peters [email protected] 3/6/2025 9:32:14 AM SENT Angela Goldberg [email protected] 3/6/2025 9:32:14 AM SENT Susie Smith [email protected] 3/6/2025 9:32:14 AM SENT Jason R.LaFond [email protected] 3/6/2025 9:32:14 AM SENT Kemp Kasling [email protected] 3/6/2025 9:32:14 AM SENT Angie Espinoza [email protected] 3/6/2025 9:32:14 AM SENT

Associated Case Party: State of Texas Name BarNumber Email TimestampSubmitted Status Victoria Gomez [email protected] 3/6/2025 9:32:14 AM SENT Alyssa Bixby-Lawson [email protected] 3/6/2025 9:32:14 AM SENT

Associated Case Party: Broadmoor Austin Associates, a Texas Joint Venture Name BarNumber Email TimestampSubmitted Status Sara W.Clark [email protected] 3/6/2025 9:32:14 AM SENT Casey Dobson [email protected] 3/6/2025 9:32:14 AM SENT