The Board of Regents of the University of Texas System, the University of Texas System, and the University of Texas M.D. Anderson Cancer Center v. Gensetix, Inc.
Opinion
ACCEPTED 15-25-00011-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/2/2025 1:01 PM No. 15-25-00011-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth Court of Appeals 15th COURT OF APPEALS AUSTIN, TEXAS Austin, Texas 5/2/2025 1:01:12 PM CHRISTOPHER A. PRINE Clerk The Board of Regents of the University of Texas System, The University of Texas System, and The University of Texas M.D. Anderson Cancer Center Appellants, v. GENSETIX, INC., Appellee. _________________________________________________________________ On Appeal from Cause No. 2021–73071 In the 152nd Judicial District of Harris County, Texas
SECOND 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 Board of Regents of the University of Texas System, The University of Texas System, and The University of Texas M.D. Anderson Cancer Center (“Appellants”), file this unopposed motion seeking a 30–day extension of time to file Appellants’ Brief to June 9, 2025. In support of this motion, Appellants shows the following: 1. Appellants’ Brief is currently due May 7, 2025.
2. The following grounds provide good cause for extending the time to file Appellants’ Brief. Appellants’ former lead counsel, Alyssa Bixby-Lawson, has accepted employment outside of the Texas Office of the Attorney General and has relocated outside of the State of Texas. Ms. Bixby-Lawson’s last day with the Texas Office of the Attorney General was April 30, 2025. Appellants’ new and current lead counsel, Terri M. Abernathy, was only recently assigned the case and filed her notice on May 2, 2025. Due to Ms. Abernathy’s other responsibilities in separate litigation matters, she was only able to meet and confer with Mrs. Bixby-Lawson for the first time regarding this case less than a week ago. Consequently, Ms. Abernathy requires more time to review the file, the filings in this cause, and to prepare Appellants’ brief.
3. An extension of Appellants’ deadline would cause Appellee’s response to be due during previously scheduled and immovable summer vacation plans, Appellee has likewise asked for an extension of the deadline of their response brief until July 29, 2025. Appellants have agreed to this extension and Appellees will be filing their Motion for an extension of time shortly.
4. This is the second request for an extension of time to file Appellants’ Brief before this Court.
5. The motion is unopposed.
6. 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 30–days to file Appellants’ Brief to June 9, 2025, and grant them any other relief to which they may be justly entitled.
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/ Terri M. Abernathy ________________________________ TERRI M. ABERNATHY Assistant Attorney General Texas Bar No. 24122680 Attorney in Charge OFFICE OF THE ATTORNEY GENERAL OF TEXAS General Litigation Division P.O. Box 12548 Austin, Texas 78711 Phone (512) 936-0562 Division Fax (512) 320-0667 Email [email protected] Counsel for Appellants CERTIFICATE OF CONFERENCE On May 2, 2025, the undersigned conferred with lead counsel for Appellee, Cabrach Connor, who stated Appellee is unopposed to the relief requested.
/s/ Terri M. Abernathy ________________________________ TERRI M. ABERNATHY Assistant Attorney General
CERTIFICATE OF SERVICE I certify that on May 2, 2025, a true and correct copy of this document was served via the court’s e-service system on the following counsel of record: Cabrach J. Connor [email protected] Jennifer Tatum Lee [email protected] Sergio R. Davila [email protected] Connor Lee & Shumaker PLLC Castle Ridge Road, Suite 450 Austin, Texas 78746 Phone (512) 777-1254 Anthony G. Buzbee [email protected] Ryan S. Pigg [email protected] The Buzbee Law Firm Phone (713) 223-5393 Counsel for Appellee /s/ Terri M. Abernathy ________________________________ TERRI M. ABERNATHY 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.
Quennette Rose on behalf of Terri Abernathy Bar No. 24062894 [email protected] Envelope ID: 100380196 Filing Code Description: Motion Filing Description: Appellants 2nd Unopposed MET Status as of 5/2/2025 1:44 PM CST Associated Case Party: University of Texas M.D. Anderson Cancer Center Name BarNumber Email TimestampSubmitted Status Terri Abernathy [email protected] 5/2/2025 1:01:12 PM SENT Quennette Rose [email protected] 5/2/2025 1:01:12 PM SENT Victoria Gomez [email protected] 5/2/2025 1:01:12 PM SENT Alyssa Bixby-Lawson [email protected] 5/2/2025 1:01:12 PM SENT
Associated Case Party: Board of Regents of the University of Texas System Name BarNumber Email TimestampSubmitted Status David E.Harrell [email protected] 5/2/2025 1:01:12 PM SENT Deanna MarkowitzWillson [email protected] 5/2/2025 1:01:12 PM SENT Chris Dove [email protected] 5/2/2025 1:01:12 PM SENT Monika Dziemianczuk [email protected] 5/2/2025 1:01:12 PM SENT
Associated Case Party: Gensetix, Inc. Name BarNumber Email TimestampSubmitted Status Cabrach Connor [email protected] 5/2/2025 1:01:12 PM SENT Jennifer TatumLee [email protected] 5/2/2025 1:01:12 PM SENT Sergio Davila [email protected] 5/2/2025 1:01:12 PM SENT Anthony Buzbee [email protected] 5/2/2025 1:01:12 PM SENT Ryan Pigg [email protected] 5/2/2025 1:01:12 PM SENT Rian Taff [email protected] 5/2/2025 1:01:12 PM SENT Mauricio Guevara [email protected] 5/2/2025 1:01:12 PM SENT 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.
Quennette Rose on behalf of Terri Abernathy Bar No. 24062894 [email protected] Envelope ID: 100380196 Filing Code Description: Motion Filing Description: Appellants 2nd Unopposed MET Status as of 5/2/2025 1:44 PM CST Associated Case Party: Gensetix, Inc. Mauricio Guevara [email protected] 5/2/2025 1:01:12 PM SENT Lionel Sims [email protected] 5/2/2025 1:01:12 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.