In re Fort Bend County v. the State of Texas

ACCEPTED 15-25-00102-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/25/2025 4:14 PM NO. 15-25-00102-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT OF TEXAS 6/25/2025 4:14:31 PM AT AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk IN RE FORT BEND COUNTY, Realtor,

RELATING TO TRIAL COURT CASUE NO. 2024-78536 11TH DISTRICT COURT OF HARRIS COUNTY, TEXAS THE HONORABLE KRISTIN B. HAWKINS, PRESIDING JUDGE

REAL PARTY IN INTEREST, JOSHUA HEILIGER, ET AL. JOINT UNOPPOSED MOTION TO EXTEND TIME TO FILE RESPONSE TO REALTOR’S PETITION FOR WRIT OF MANDAMUS

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Real Party in Interest, Joshua David Heiliger, individually, and on behalf of the estate of Lauren Britanne Smith, deceased and on behalf of death benefits beneficiaries Joshua David Heiliger and Emma Destiny Heiliger, and Real Party in Interest Francesca Okonkwo, requesting the Court to extend time to file their Responses to Relator’s Petition for Writ of Mandamus and would respectfully show the Court as follows: REQUEST FOR EXTENSION OF TIME TO FILE BRIEF 1. Per Court Order, Real Party in Interests’ Response to Relator’s Petition for Writ of Mandamus in this matter is currently due on or before July 3, 2025. Counsel for Real Parties in Interest respectfully requests a 20-day extension to complete these responsive briefs, until July 23, 2025.

2. No party is opposed to this motion.

3. Real Parties in Interest’s counsel need additional time to file its response as the original twenty-day timeline will be insufficient to research and draft Real Parties in Interest’s responses to Relator’s Writ.

4. Real Party in Interest Heiliger’s counsel has a myriad of scheduled hearings in District Court cases, mediations and expert depositions, as well as 200+ commercial property tax protest hearings scheduled during the month of June and July, in multiple counties, around the Austin, Houston, and Dallas areas which also require travel. Additionally, Real Party in Interest Heiliger has a brief due to this Court in the related direct appeal filed by Relator Fort Bend County that is currently also due on or before July 3, 2025. 1 5. Like Heiliger’s counsel, Real Party in Interest Okonkwo’s counsel are also addressing very heavy case-loads and counsel, Brazell, just learned at the time of this drafting that the 15th Court has requested counsel in 15-25-00107-CV, Texas Department of Insurance and Cassie Brown, in her Capacity as Commissioner of the Texas Department of Insurance v. Texas Land Title Association, to file a response to an Emergency Motion for Temporary relief in an accelerated / interlocutory appeal in the 15th Court by 4:00 p.m. Wednesday, June 25, 2025.

6. Relator Fort Bend County and Real Party in Interest Greater Houston Psychiatric Associates, PLLC, indicated via counsel, they were unopposed to this motion.

7. The Court has authority under Texas Rules of Appellate Procedure, Rule 38.6(d) to extend the time to file Real Parties in Interest responsive briefs.

8. This is Real Party in Interest Heiliger’s and Real Party in Interest Okonkwo’s first motion for extension to file their responsive briefs in this matter.

Simultaneous with this request, Real Party in Interest Heiliger has requested a 60-day extension of the deadline to file his brief in Cause No. 15-25-00061-CV.

9. Real Parties in Interest respectfully request a 20-day extension to the filing of their briefs in this cause from July 3, 2025, to July 23, 2025.

10. This motion is not sought for the sole purpose of delay, but to allow counsel sufficient time to adequately finalize and file Real Parties in Interests responses to fully address the issues raised in the Petition for Writ of Mandamus filed by Fort Bend County.

PRAYER 11. ACCORDINGLY, Real Party in Interest, Joshua David Heiliger, Individually, and On Behalf Of The Estate Of Lauren Britanne Smith, Deceased And On Behalf Of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger, and Real Party in Interest Francesca Okonkwo, respectfully request the Court to grant their Joint Unopposed Motion to Extend Time to File Real Parties in Interest Responses to Writ of Mandamus and the deadline to be July 23, 2025.

Respectfully Submitted, /s/ Russell L. Morris Russell L. Morris State Bar No. 24099150 Pablo A. Franco State Bar No. 24121625 MCBRYDE FRANCO, PLLC 11000 Richmond Avenue, Suite 350 Houston, TX 77042 (713) 223-7699 (512) 691-9072 [facsimile] [email protected]

ATTORNEYS FOR REAL PARTY IN INTEREST JOSHUA DAVID HEILIGER, ET AL. /s/ James Z. Brazell with permission (by RLM) James Z. Brazell Sherlyn Harper State Bar No. 02930100 State Bar No. 24093176 Assistant Attorney General Assistant Attorney General Administrative Law Division Administrative Law Division Office Of The Attorney General Of Texas Office Of The Attorney General Of Texas P.O. Box 12548, Capitol Station 808 Travis Street, #1520 Austin, Texas 78711-2548 Houston, Texas 77002 Telephone: (512) 475-3204 Telephone: (713) 225-8913 Facsimile: (512) 320-0167 Facsimile: (512) 320-0167 [email protected] [email protected] ATTORNEYS FOR RESPONDENT, FRANCISCA OKONKWO, ADMINISTRATIVE LAW JUDGE, TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, IN HER OFFICIAL AND INDIVIDUAL CAPACITIES CERTIFICATE OF CONFERENCE I certify that I have conferred with counsel of record, Lisa Teachey, James Brazell, and LaVergne Chang, on or about June 17, 2025, through email exchange. Relator Fort Bend County and Real Party in Interest Greater Houston Psychiatric Association, PLLC, both indicated they were unopposed.

/s/ Russell Morris Russell Morris CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was served on all counsel of record via the Court’s electronic Filing System and/or email, pursuant to Rule 21a of the Texas Rules of Civil Procedure on June 25, 2025.

VIA EFILE/ESERVE Dean G. Pappas State Bar No. 15454375 [email protected] Mary M. Markantonis State Bar No.12986800 [email protected] Lisa M. Teachey State Bar No. 24056416 [email protected] Marilyn J. Allen State Bar No. 24025225 [email protected] 8588 Katy Freeway, Suite 100 Houston, Texas 77024 713-914-6200-Telephone 713-914-6201-Facsimile ATTORNEY FOR INTERVENOR FORT BEND COUNTY VIA EFILE/ESERVE LaVerne Chang State Bar No. 00783819 [email protected] Cardwell & Chang, PLLC Lovett Blvd. Houston, TX 77006 Telephone: 713-222-6025 Facsimile: 713-222-0938 ATTORNEYS FOR RESPONDENT, GREATER HOUSTON PSYCHIATRIC ASSOCIATES, PLLC

/s/ Russell L. Morris Russell L. Morris 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.

Shauna O'Brien on behalf of Russell Morris Bar No. 24099150 [email protected] Envelope ID: 102433952 Filing Code Description: Motion Filing Description: Joint Unopposed Motion to Extend Time for File Response to Writ of Mandamus Status as of 6/25/2025 4:34 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Mary Markantonis [email protected] 6/25/2025 4:14:31 PM SENT Laverne Chang 783819 [email protected] 6/25/2025 4:14:31 PM SENT James Brazell 2930100 [email protected] 6/25/2025 4:14:31 PM SENT Sherlyn Harper 24093176 [email protected] 6/25/2025 4:14:31 PM SENT Dean Pappas [email protected] 6/25/2025 4:14:31 PM SENT Hope Burnett-Furlow [email protected] 6/25/2025 4:14:31 PM SENT Pablo Franco 24121625 [email protected] 6/25/2025 4:14:31 PM SENT Lisa M.Teachey [email protected] 6/25/2025 4:14:31 PM SENT Tanisha Doublin [email protected] 6/25/2025 4:14:31 PM SENT Jackie Struss [email protected] 6/25/2025 4:14:31 PM SENT Joshua DavidHeiliger, et al. [email protected] 6/25/2025 4:14:31 PM SENT Andrew Bruce 24113627 [email protected] 6/25/2025 4:14:31 PM SENT Jacquelyn Compton [email protected] 6/25/2025 4:14:31 PM SENT