In re Kimco Developers, Inc. KD Houston 1086A, Inc., Kimco Realty Services, Inc., and Kimco Realty Corporation v. the State of Texas

ACCEPTED 15-25-00025-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/21/2025 11:34 AM No. 15-25-00025-CV CHRISTOPHER A. PRINE _______________ CLERK FILED IN IN THE 15th COURT OF APPEALS AUSTIN, TEXAS

Fifteenth Court of Appeals 4/21/2025 11:34:18 AM CHRISTOPHER A. PRINE Clerk _______________ In re Kimco Developers, Inc., KD Houston 1086A, Inc., Kimco Realty Services, Inc., and Kimco Realty Corporation, Relators, _______________ Original Proceeding from Business Court, Eleventh Division Cause No. 24-BC11A-0013 Honorable Sofia Adrogué _______________ Motion for Extension of Time to File Response to Petition for Writ of Mandamus _______________ Real-Party-in-Interest Cypress Towne Center, Ltd., individually and derivatively on behalf of Kimco 290 Houston II, L.P., files this motion for extension of time and respectfully request a 14-day extension until May 5, 2025, to file Real-Party’s Response to the Petition for Writ of Mandamus.

A. Current Deadline The current deadline to file Real-Party’s Response is April 21, 2025.

B. Extension Sought Real-Party requests a 14-day extension of time until May 5, 2025, to file Real-Party’s Response.

C. Number of Previous Extensions Granted None.

D. Facts Explaining the Needed Extension Counsel for Real-Party has been substantially involved in the following matters, among others, that necessitate the filing of this motion: • AZZ, Inc. v. Southeast Texas Industries, Inc.; No. 09-24- 00181-CV; In the Ninth District Court of Appeals.

Counsel was responsible for drafting and filing Appellee’s Brief by April 14, 2025; and • Hendrix v. Power Rental Solutions, LLC, No. 14-24-00489- CV; In the Fourteenth District Court of Appeals. Counsel is responsible for drafting and filing Appellee’s Brief by April 21, 2025.

Additional time will allow Real-Party to distill the issues more clearly and, in turn, make the Court’s job easier with respect to analyzing the relevant issues in dispute. This motion is not filed for the purpose of delay.

E. Extension Is Not Opposed Counsel for Relators expressed no opposition to the extension of time to file Real-Party’s Response, as requested in this motion.

PRAYER Real-Party-in-Interest Cypress Towne Center, Ltd., individually and derivatively on behalf of Kimco 290 Houston II, L.P., respectfully requests that the Court grant this motion and extend the time for filing Real-Party’s Response to May 5, 2025, and to grant all other relief to which it may be entitled.

Respectfully submitted, By: /s/ Andrew B. Bender Sharon McCally Texas Bar No. 13356100 [email protected] Andrew B. Bender Texas Bar No. 24084290 [email protected] Hunter M. Barrow Texas Bar No. 24025240 [email protected] Emily W. Miller State Bar No. 24079527 [email protected] ANDREWS MYERS P.C.

1885 Saint James Place, 15th Floor Houston, Texas 77056 713.850.4200 CERTIFICATE OF SERVICE A true and correct copy of this document was served on all counsel of record via e-service on April 21, 2025.

/s/ Andrew B. Bender

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.

Pamela Lee on behalf of Andrew Bender Bar No. 24084290 [email protected] Envelope ID: 99877510 Filing Code Description: Motion Filing Description: Motion for Extension of Time to File Response to Petition for Writ of Mandamus Status as of 4/21/2025 11:39 AM CST Associated Case Party: Cypress Towne Center, Ltd., both individually and derivatively on behalf of Kimco 290 Houston II, L.P. Name BarNumber Email TimestampSubmitted Status Hunter Barrow 24025240 [email protected] 4/21/2025 11:34:18 AM SENT Emily Miller 24079527 [email protected] 4/21/2025 11:34:18 AM SENT Andrew Bender 24084290 [email protected] 4/21/2025 11:34:18 AM SENT Sharon McCally [email protected] 4/21/2025 11:34:18 AM SENT

Associated Case Party: Kimco Developers, Inc., KD Houston 1086A, Inc., Kimco Realty Services, Inc., and Kimco Realty Corporation Name BarNumber Email TimestampSubmitted Status Elizabeth G. "Heidi"Bloch [email protected] 4/21/2025 11:34:18 AM SENT Stephanie Sanchez [email protected] 4/21/2025 11:34:18 AM SENT Paul Stibbe [email protected] 4/21/2025 11:34:18 AM SENT Roland Garcia [email protected] 4/21/2025 11:34:18 AM SENT

Associated Case Party: Hon. SofiaAdrogu??

Name BarNumber Email TimestampSubmitted Status Hon. Sofia Adrogué [email protected] 4/21/2025 11:34:18 AM SENT