Texas Alcoholic Beverage Commission v. Earl Pearson

ACCEPTED 15-25-00037-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/25/2025 5:19 PM No. 15-25-00037-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Court of Appeals 15th COURT OF APPEALS AUSTIN, TEXAS for the Third Judicial District 4/25/2025 5:19:21 PM CHRISTOPHER A. PRINE Austin, Texas Clerk _______________ T EXAS A LCOHOLIC B EVERAGE C OMMISSION , Appellant, v. E ARL P EARSON , Appellee. _______________ On Appeal from the 261st Judicial District Court, Travis County _______________ MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF _______________ KEN PAXTON KIMBERLY GDULA Attorney General of Texas Chief for General Litigation Division BRENT WEBSTER KELSEY L. WARREN First Assistant Attorney General Assistant Attorney General Texas Bar No. 24095736 RALPH MOLINA Deputy First Assistant Attorney General Office of the Attorney General General Litigation Division AUSTIN KINGHORN P.O. Box 12548, Capitol Station Deputy Attorney General for Civil Austin, Texas 78711-2548 Litigation (512) 475-4083| FAX: (512) 320-0667 [email protected] Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b), Defendant-Appellant moves for an extension of time of four (4) weeks to file its brief, and would respectfully show the court the following: Appellant’s brief is due on Monday, April 28, 2025. This is Appellant’s first request for an extension of time.

Appellant requests this extension because counsel for Appellant is currently scheduled for jury trial. Jury selection will begin on Monday, May 12, 2025, in Greig v. Texas A&M University Texarkana, No. 5:23-cv-00030-JRG-JBB (E.D. Tex.).

Trial is expected to last at least a week.

Appellant counsel will also be out of the country from May 28, 2025 – June 8, 2025.

Because of the trial setting, counsel has been unable to devote the requisite time to preparation of Appellant’s brief. The requested extension is reasonable and necessary to allow Appellant adequate time to prepare its brief. This request is not made for delay, but only so that justice may be done.

Appellant therefore requests that this Court grant an extension of time of four (4) weeks until August 24, 2025, for file Appellant’s brief.

KEN PAXTON Attorney General of Texas

-1- BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation KIMBERLY GDULA Chief for General Litigation Division /s/Kelsey L. Warren KELSEY L. WARREN Assistant Attorney General Texas Bar No. 24095736 Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 475-4083| FAX: (512) 320-0667 [email protected] Counsel for Defendants-Appellant

-2- CERTIFICATE OF SERVICE I certify that a true and accurate copy of the foregoing document was filed and served electronically on April 25, 2025, to all counsel of record: /s/Kelsey L. Warren KELSEY L. WARREN Assistant Attorney General

CERTIFICATE OF CONFERENCE I certify that on April 25, 2025, counsel for Appellant conferred counsel for Appellee Earl Pearson who indicated he was not opposed.

/s/Kelsey L. Warren KELSEY L. WARREN Assistant Attorney General

-3- 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.

La Shanda Green on behalf of Kelsey Warren Bar No. 24095736 [email protected] Envelope ID: 100122708 Filing Code Description: Motion Filing Description: 20250425_MET Status as of 4/28/2025 7:08 AM CST Associated Case Party: Earl Pearson Name BarNumber Email TimestampSubmitted Status John Melton 24013155 [email protected] 4/25/2025 5:19:21 PM SENT Michael Balcezak [email protected] 4/25/2025 5:19:21 PM SENT

Associated Case Party: Texas Alcoholic Beverage Commission Name BarNumber Email TimestampSubmitted Status LASHANDA GREEN [email protected] 4/25/2025 5:19:21 PM SENT KELSEY WARREN [email protected] 4/25/2025 5:19:21 PM SENT