2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney General Kenneth Paxton (In His Official Capacity), Texas Comptroller of Public Accounts Glenn Hegar (In His Official Capacity), and the Office of the Texas Comptroller of Public Accounts

ACCEPTED 15-25-00086-Cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/3/2025 11:10 AM CHRISTOPHER A. PRINE No. 15-25-00086-CV CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT 7/3/2025 11:10:10 AM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk City of Grand Prairie et al., Appellants – Plaintiffs, City of Brownsville et al., Appellants – Intervenor Plaintiffs, 2020 Long Tail Trail Investments, LLC, Appellant – Intervenor Defendant, v. The State of Texas; AAorney General Kenneth Paxton (in his official capacity); Texas Comptroller of Public Accounts Glenn Hegar (in his official capacity); Office of the Texas Comptroller of Public Accounts, Appellees – Defendants.

On appeal from the 261st District Court of Travis County, Texas, No. D-1-GN-23-007785, the Honorable Maria Cantú Hexsel, presiding

Appellant – Intervenor Defendant 2020 Long Tail Trail Investments, LLC’s First Unopposed Motion for Extension of Time to File Brief

Appellant – Intervenor Defendant 2020 Long Tail Trail Investments, LLC (“Long Tail”) respectfully requests a first extension of 30 days to file its opening brief pursuant to Texas Rules of Appellate Procedure 10.5(b) and

38.6(d). In support of such an extension, Long Tail respectfully shows as follows: 1. Long Tail filed a notice of appeal in the district court on May 5, 2025.

2. Long Tail’s opening brief is currently due on July 16, 2025.

3. Long Tail seeks an additional 30 days, through and until Friday, August 15, 2025, to file its opening brief.

4. Long Tail seeks an extension not for purposes of delay, but so that the briefing deadlines for all appellants will be aligned and so that counsel for Long Tail may have adequate time to prepare the brief.

5. On July 2, 2025, this Court granted a 30-day extension for the opening brief of Appellants – Plaintiffs the City of Grand Prairie et al. (the “Cities”). The Cities’ opening brief is now due on Friday, August 15, 2025.

Long Tail is also an appellant, and it seeks the same 30-day extension that the Cities have already received. Although Long Tail and the Cities are each appellants, they occupied different procedural roles in the district court: the Cities were plaintiffs, while Long Tail intervened as a defendant. Their legal positions and interests do not necessarily align. Because of that, Long Tail should not be required to file its opening brief before the Cities file their opening brief.

6. In addition, and in light of other professional and personal obligations on behalf of all of Long Tail’s counsel, the requested additional time will greatly facilitate necessary consultation between Long Tail and counsel, review of the record, and preparation of an opening brief that will most effectively assist the Court in its resolution of this appeal. In addition to preparing the opening brief, counsel for Long Tail are also: preparing a response brief to be filed in the Fifth Circuit in No. 24-50721, Computer & Communications v. Paxton (due July 3, 2025); preparing for a hearing in an arbitration (set for July 9); and preparing a response brief to be filed in the Fifth Circuit in No. 25-60348, NetChoice v. Fitch (due July 14).

7. This is Long Tail’s first request for an extension of time.

8. Counsel for Long Tail has conferred with counsel for the Cities, who indicated that the Cities are unopposed to this request.

9. Counsel for Long Tail has conferred with counsel for Appellees, who indicated that Appellees are unopposed to this request.

Prayer Long Tail respectfully requests an extension of 30 days to the deadline to file its opening brief, through and until Friday, August 15, 2025.

Dated: July 3, 2025 Respectfully submitted, /s/ William T. Thompson William T. Thompson Texas Bar No. 24088531 [email protected] Todd Disher Texas Bar No. 24081854 [email protected] Joshua P. Morrow Texas Bar No. 24106345 [email protected] LEHOTSKY KELLER COHN LLP W. 11th Street, 5th Floor Austin, TX 78701 Tel. (512) 693-8350 Fax (512) 727-4755 Counsel for Appellant – Intervenor Defendant 2020 Long Tail Trail Investments, LLC

CERTIFICATE OF CONFERENCE On June 27, 2025, counsel for Long Tail conferred with counsel for Appellees, who indicated that Appellees are unopposed to the motion.

On July 2, 2025, counsel for Long Tail conferred with counsel for the Cities, who indicated that the Cities are unopposed to the motion.

/s/ Joshua P. Morrow Joshua P. Morrow

CERTIFICATE OF SERVICE I hereby certify that on July 3, 2025, I electronically filed the foregoing motion with the Clerk of the Court using the eFileTexas.gov electronic filing system, which will send notification of such filing to the email addresses denoted on Service Contacts List.

/s/ Joshua P. Morrow Joshua P. Morrow

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.

Joshua Morrow on behalf of Joshua Morrow Bar No. 24106345 [email protected] Envelope ID: 102745476 Filing Code Description: Motion Filing Description: Appellant Long Tail Trail's First Motion for Extension of Time to File Opening Brief Status as of 7/3/2025 11:26 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Allison Collins 24127467 [email protected] 7/3/2025 11:10:10 AM SENT Lena Chaisson-Munoz [email protected] 7/3/2025 11:10:10 AM SENT Raymond Abarca [email protected] 7/3/2025 11:10:10 AM SENT Cole Wilson [email protected] 7/3/2025 11:10:10 AM SENT Will S.Trevino [email protected] 7/3/2025 11:10:10 AM SENT Sherry Brown [email protected] 7/3/2025 11:10:10 AM SENT Andy Messer [email protected] 7/3/2025 11:10:10 AM SENT Brad Bullock [email protected] 7/3/2025 11:10:10 AM SENT Timothy Dunn [email protected] 7/3/2025 11:10:10 AM SENT Todd Disher [email protected] 7/3/2025 11:10:10 AM SENT William Thompson [email protected] 7/3/2025 11:10:10 AM SENT Cole Wilson [email protected] 7/3/2025 11:10:10 AM SENT Guillermo Trevino [email protected] 7/3/2025 11:10:10 AM SENT Lena Chaisson-Munoz [email protected] 7/3/2025 11:10:10 AM SENT George Hyde [email protected] 7/3/2025 11:10:10 AM SENT Matthew Weston [email protected] 7/3/2025 11:10:10 AM SENT David Overcash [email protected] 7/3/2025 11:10:10 AM SENT Clark McCoy [email protected] 7/3/2025 11:10:10 AM SENT