Texas Department of Public Safety v. Leroy Torres

ACCEPTED 15-24-00089-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/26/2025 2:39 PM CAUSE NO. 15-24-00089-CV CHRISTOPHER A. PRINE ____________________________________________________________ CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT 3/26/2025 2:39:05 PM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk ____________________________________________________________ TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. LE ROY TORRES, Appellee. __________________________________________________________________ On Appeal from the County Court at Law Number One, Nueces County No. 2017-CCV-61016-1 ________________________________________________________________________ APPELLEE’S RESPONSE TO APPELLANT’S MOTION FOR CONTINUANCE OF ORAL ARGUMENT ________________________________________________________________________ Stephen J. Chapman Brian J. Lawler State Bar No. 24001870 Pro Hac Vice CHAPMAN LAW FIRM PILOT LAW, P.C.

710 N. Mesquite, 2nd Floor 4632 Mt. Gaywas Drive Corpus Christi, Texas 78401 San Diego, California 92117 Telephone: (361) 883-9160 Telephone: (619) 255-2398 Facsimile: (361) 883-9164 Facsimile: (619) 231-4984 [email protected] [email protected] Attorneys for Appellee

Response to Motion for Continuance Page i TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Plaintiff/Appellee Le Roy Torres hereby files this Response to Appellant’s Opposed Motion for Continuance of Oral Argument, scheduled for April 15, 2025.

In support of his Response, Appellee respectfully submits the following: The jury in this case returned a unanimous verdict in Appellee’s favor on September 20, 2023, nearly a year and a half ago. The trial court entered a modified final judgment on March 26, 2024. On April 17, 2024, Appellant filed a Motion for New Trial, which the trial court denied on May 29, 2024.

On June 20, 2024, Appellant timely filed its Notice of Appeal with the trial court, which was docketed in the Thirteenth Court of Appeals on June 21, 2024. On September 3, 2024, the case was transferred to this Court.

On September 20, 2024, Appellant filed a Motion for Extension to file its Opening Brief, which Appellee did not oppose, and on October 24, 2024, Appellant filed its Opening Brief. On November 19, 2024, Appellee filed his Motion for Extension of Time to file his Response Brief, which Appellant did not oppose, and on December 16, 2024, Appellee filed his Response Brief.

On December 17, 2024, Appellant filed a Motion for Extension to file its Reply Brief, which Appellee did not oppose, and on January 24, 2025, Appellant filed its Reply Brief.

Response to Motion for Continuance Page - 1 - Now, comes Appellant and requests another continuance of more than a month in a case that has been pending post-verdict for nearly 18 months. Mr. Torres cannot agree to the requested extension and respectfully opposes it.

Moreover, Appellee’s counsel, Mr. Lawler, has a mediation in Richmond, Virginia from May 20-22, 2025, and a pre-planned vacation from May 23-28, 2025.

Mr. Lawler also has a trial set on June 17, 2025, in the Southern District of West Virginia in the matter of Josh Workman v. Scenic Enterprise, Inc, Case No. 2:23-cv- 00783, with its pretrial conference on June 2, 2025, and the final settlement conference on June 16, 2025, all in person in Charleston, West Virginia.

Mr. Lawler is also scheduled to attend the National Employment Lawyers Association (“NELA”) Annual Convention in Baltimore, Maryland from June 25- 28, 2025. It is time for this appeal to be heard. Mr. Torres has grave medical conditions that have gotten, and will continue to get worse, and the ongoing delays only prejudice him further as his health deteriorates.

PRAYER Therefore, Plaintiff/Appellee Captain Le Roy Torres respectfully requests that this Court deny Appellant’s Motion for Continuance and set oral argument in this case for April 15, 2025.

Response to Motion for Continuance Page - 2 - Respectfully submitted, By: /s/ Stephen J. Chapman Stephen J. Chapman WEBB, CASON & MANNING Mesquite Street Corpus Christi, Texas 78401 Telephone: (361) 887-1031 Facsimile: (361) 887-0903 State Bar No. 24001870 [email protected] Brian J. Lawler Pro Hac Vice PILOT LAW, P.C.

4632 Mt. Gaywas Dr. San Diego, California 92117 Telephone: (619) 255-2398 Facsimile: (619) 231-4984 [email protected] ATTORNEYS FOR APPELLEE

CERTIFICATE OF COMPLIANCE Microsoft Word reports that this brief contains 445 words, excluding the portions of the brief exempted by Rule 9.4(i)(1).

/s/ Stephen J. Chapman Stephen J. Chapman

Response to Motion for Continuance Page - 3 - CERTIFICATE OF SERVICE I, Stephen J. Chapman, certify that a true and correct copy of the foregoing instrument was forwarded to all counsel of record as required by the T.R.A.P., on this the 26th day of March 2025.

Ken Paxton Jeffrey C. Mateer Scott A. Keller John C. Sullivan (lead counsel) Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 Jason T. Contreras Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548

/s/ Stephen J. Chapman Stephen J, Chapman

Response to Motion for Continuance Page - 4 - 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.

Jennifer Pena on behalf of Stephen Chapman Bar No. 24001870 [email protected] Envelope ID: 98922465 Filing Code Description: Response Filing Description: Appellee's Response to Appellant's Motion for Continuance of Oral Argument Status as of 3/26/2025 2:45 PM CST Associated Case Party: Texas Department of Public Safety Name BarNumber Email TimestampSubmitted Status Jason Contreras [email protected] 3/26/2025 2:39:05 PM SENT Nicole A.Myette [email protected] 3/26/2025 2:39:05 PM SENT

Associated Case Party: Leroy Torres Name BarNumber Email TimestampSubmitted Status Stephen Chapman 24001870 [email protected] 3/26/2025 2:39:05 PM SENT Brian J.Lawler [email protected] 3/26/2025 2:39:05 PM SENT Matthew Manning 24075847 [email protected] 3/26/2025 2:39:05 PM SENT