University of Texas at Arlington v. James McMerchant

ACCEPTED 15-25-00038-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/29/2025 2:47 PM No. 15-25-00038-CV CHRISTOPHER A. PRINE CLERK In the Court of Appeals FILED IN 15th COURT OF APPEALS for the Fifteenth District AUSTIN, TEXAS 4/29/2025 2:47:40 PM Austin, Texas CHRISTOPHER A. PRINE Clerk University of Texas at Arlington, Appellant, v. James McMerchant, Appellee.

On Appeal from Cause No. 236-337930-22, in the 236th Judicial District Court of Tarrant County, Texas APPELLANT’S UNOPPOSED MOTION FOR EXTENSION TO FILE APPELLANT’S BRIEF

Pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure, Appellant, University of Texas at Arlington (“UTA” or “Appellant”), respectfully seeks an extension of 20 days to file Appellant’s brief, through and until May 27, 2025.1 Appellant’s Brief is currently due on May 5th, 2025. However, counsel for Appellant has competing work demands on several matters

1 Twenty-days following the current deadline, May 5, 2025, is Sunday, May 25, 2025.

However, this date falls on a weekend and Memorial Day, so the next business day is Tuesday, May 27, 2025. See Tex. R. Ci. P. 4.1(a). precluding counsel from having adequate time to devote to Appellant’s brief before the current deadline. These commitments include preparation for oral argument before this Court in Texas A&M University v. Erin A. Snider, Ph. D., 15-24-00071-CV; post-judgment discovery in Terry Bevill v. City of Quitman, Texas, et al., Cause No. 4:19-cv-00406, United States District Court, Eastern District of Texas, Sherman Division; and a dispositive motion and trial preparations in Babette Cuadrado v. Tarleton State University, No. 24-CVDC-00105, 266th Judicial District Court, Erath County, Texas; responsive motions in Omar Majdi Baddourah v. The University of Texas at Tyler, No. 6:24-cv- 00498, United States District Court, Eastern District of Texas, Tyler Division.

This is Appellant’s first request for extension. The extension request is not for purposes of delay but in the interest of fairness and so that Appellant’s counsel may have adequate time to prepare Appellant’s opening brief in light of the above-noted considerations. No party will be prejudiced by this request.

PRAYER For these reasons, Appellant respectfully requests an extension of days to file its brief, through and until May 27th, 2025.

Respectfully submitted, KEN PAXTON Attorney General of Texas 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/ Brianna M. Krominga BRIANNA M. KROMINGA Attorney-in-Charge Texas Bar No. 24103252 Office of the Attorney General Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (214) 290-8884 / Fax (512) 320-0667 [email protected] Counsel for Appellant

CERTIFICATE OF CONFERENCE On April 29, 2025, in accordance with Rule 10.1(a)(5), the office of the undersigned conferred by electronic mail with counsel for Appellee, Ali Crocker, who is unopposed to the filing and contents of this motion.

/S/ Brianna M. Krominga BRIANNA M. KROMINGA Assistant Attorney General

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served electronically through the electronic-filing manager on April 29, 2025, to the following participants: Ali Crocker Crocker Russell & Associates W. Oak Street Mansfield, Texas 76063 Ph: (817) 482-6570 Fax: (682) 232-1850 [email protected] COUNSEL FOR APPELLANT

/S/ Brianna M. Krominga BRIANNA M. KROMINGA 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.

Karel Macias on behalf of Brianna Krominga Bar No. 24103252 [email protected] Envelope ID: 100227659 Filing Code Description: Motion Filing Description: Appellant Unopposed MET Brief Status as of 4/29/2025 3:22 PM CST Associated Case Party: JAMES MCMERCHANT Name BarNumber Email TimestampSubmitted Status Ali Crocker 24098868 [email protected] 4/29/2025 2:47:40 PM SENT

Associated Case Party: University of Texas at Arlington Name BarNumber Email TimestampSubmitted Status karel macias [email protected] 4/29/2025 2:47:40 PM SENT Brianna Krominga [email protected] 4/29/2025 2:47:40 PM SENT