State of Texas v. Arity 875, LLC

ACCEPTED 15-25-00082-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/23/2025 4:28 PM CHRISTOPHER A. PRINE No. 15-25-00082-CV CLERK FILED IN In the Court of Appeals 15th AUSTIN, COURT OF APPEALS TEXAS for the Fifteenth Judicial District5/23/2025 4:28:06 PM CHRISTOPHER A. PRINE Austin, Texas Clerk

State of Texas, Appellant, v. ARITY 875, LLC Appellee.

On Appeal from the 457th Judicial District Court, Montgomery County Trial Court Cause No. 25-01-00561 APPELLANT’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Appellant, State of Texas, (“Appellant”) pursuant to Rule 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure files this unopposed first motion to extend time to file Appellant’s brief on the merits by 20 days. Appellant respectfully shows the Court the following: 1. Appellant’s brief is currently due on June 5, 2025.

2. This is the first request for extension.

3. The undersigned conferred with Appellee’s counsel regarding this motion via email on May 20, 2025, and Appellee confirmed on May 23, 2025, it is unopposed.

4. Appellant asks for this extension to fully prepare its brief.

a. Appellant timely filed its Notice of Appeal on April 30, 2025, in the 457th District Court of Montgomery County.

b. This Court received the trial court’s clerk’s record on May 12, 2025.

c. The district clerk re-filed the record on May 14, 2025, due to readability and formatting errors.

d. On May 16, 2025, this Court was notified that no reporter’s record would be filed.

e. On May 22, 2024, Appellant submitted a letter to the Court addressing ongoing readability and formatting issues with the clerk’s record.

Appellant is currently in the process resolving these issues to ensure the record is legible for the Court.

f. This request for an extension of time is not made for the purpose of delay, but to permit Appellant time to adequately prepare and submit a thorough brief that is helpful to the Court; no party will be prejudiced if it is granted.

PRAYER For these reasons, Appellant respectfully requests that its deadline to file Appellant’s brief be extended by 20 days to June 25, 2025, and for all other relief to which Appellant may be justly entitled.

Dated: May 23, 2025 Respectfully submitted,

KEN PAXTON /s/ Rick Berlin Attorney General of Texas RICK BERLIN (TX Bar No. 24055161) RICHARD MCCUTCHEON (TX Bar No. BRENT WEBSTER 24139547) First Assistant Attorney General MADELINE FOGEL (TX Bar No. 24141985) RALPH MOLINA DANIEL ZWART (TX Bar No. Deputy First Assistant Attorney General 24070906) KAYLIE BUETTNER (TX Bar No. AUSTIN KINGHORN 24109082) Deputy Attorney General for Civil MEREDITH SPILLANE (TX Bar No. Litigation 24131685) Assistant Attorneys General JOHNATHAN STONE OFFICE OF THE ATTORNEY GENERAL Chief, Consumer Protection Division Consumer Protection Division Travis Street, Suite 1520 Houston, Texas 77002 Tel: (713) 223-5886 Fax: (713) 223-5821 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

ATTORNEYS FOR APPELLANT, THE STATE OF TEXAS

CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred with Kelsey Harclerode, attorney for Appellee Arity 875, LLC, who indicated that this motion is unopposed.

/s/ Rick Berlin RICK BERLIN

CERTIFICATE OF SERVICE I certify that on May 23, 2025, the foregoing was electronically served, via the Court’s electronic filing system, on all defendants, by and through their attorneys: W. Reid Wittliff Jake Sommer WITTLIFF CUTTER PLLC Kelsey Harclerode Baylor St. ZWILLGEN PLLC Austin, TX 78703 1900 M Street NW, Suite 250 Tel: (512) 960-4866 Washington, D.C. 20036 Email: [email protected] Tel: (202) 296-3585 Email: [email protected] [email protected] Sudhir V. Rao ` ZWILLGEN PLLC Madison Ave., Suite 1504 New York, NY 10016 Tel: (646) 362-5590 Email: [email protected] Attorneys for Defendants

/s/ Rick Berlin RICK BERLIN

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.

Zoann Willis on behalf of Richard Berlin Bar No. 24055161 [email protected] Envelope ID: 101230726 Filing Code Description: Motion Filing Description: 20250523 Motion to Extend Time FINAL Status as of 5/23/2025 4:33 PM CST Associated Case Party: State of Texas Name BarNumber Email TimestampSubmitted Status Rick Berlin [email protected] 5/23/2025 4:28:06 PM SENT Daniel Zwart [email protected] 5/23/2025 4:28:06 PM SENT Kaylie Buettner [email protected] 5/23/2025 4:28:06 PM SENT Zoann Willis [email protected] 5/23/2025 4:28:06 PM SENT Meredith Spillane [email protected] 5/23/2025 4:28:06 PM SENT Zeilic Contreras [email protected] 5/23/2025 4:28:06 PM SENT Carlos Fernandez [email protected] 5/23/2025 4:28:06 PM SENT Madeline Fogel [email protected] 5/23/2025 4:28:06 PM SENT Richard RMcCutcheon [email protected] 5/23/2025 4:28:06 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Jonathan Hung [email protected] 5/23/2025 4:28:06 PM SENT Eric Shinabarger [email protected] 5/23/2025 4:28:06 PM SENT W. Reid Wittliff [email protected] 5/23/2025 4:28:06 PM SENT Jake Sommer [email protected] 5/23/2025 4:28:06 PM SENT Kelsey Harclerode [email protected] 5/23/2025 4:28:06 PM SENT Sudhir V. Rao [email protected] 5/23/2025 4:28:06 PM SENT Sean Wieber [email protected] 5/23/2025 4:28:06 PM SENT Kevin Simpson [email protected] 5/23/2025 4:28:06 PM SENT