State of Texas v. Arity 875, LLC

ACCEPTED 15-25-00082-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/1/2025 5:26 PM No. 15-25-00082-CV CHRISTOPHER A. PRINE CLERK In the Court of Appeals 15th COURTFILED IN OF APPEALS For the Fifteenth Judicial District AUSTIN, TEXAS 7/1/2025 5:26:33 PM Austin, Texas CHRISTOPHER Clerk A. PRINE _________ STATE OF TEXAS APPELLANT, V. ARITY 875, LLC, APPELLEE. _________ On Appeal from the 457th Judicial District Court, Montgomery County Trial Court Case No. 25-01-00561 _________ APPELLEE’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF _________ TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Appellee, Arity 875, LLC (“Appellee”), pursuant to Rule 10.5(b) and 38.6(b), (d) of the Texas Rules of Appellate Procedure, files this unopposed first motion to extend the time to file Appellee’s brief in the above-captioned appeal by 20 days.

Appellee respectfully shows the Court the following: 1. Appellee’s brief is currently due on July 15, 2025, as Appellant filed its opening brief on June 25, 2025. See Tex. R. App. P. 38.6(b).

2. This is Appellee’s first request for an extension.

3. On May 27, 2025, this Court granted Appellant’s unopposed motion to extend by 20 days the time to file Appellant’s opening brief.

4. Counsel for Appellee conferred with Appellant’s counsel regarding this motion via email on July 1, 2025, and Appellant’s counsel confirmed on the same date that the motion is unopposed.

5. Appellee requests this extension to fully prepare its brief. This request is not made for the purpose of delay but to permit Appellee time to adequately prepare and submit a thorough brief that aids the Court; no party will be prejudiced if the motion is granted.

PRAYER For these reasons, Appellee respectfully requests that its deadline to file its brief in the above-captioned appeal be extended by 20 days, through and including August 4, 2025, and requests all other relief to which Appellee may be justly entitled.

Dated: July 1, 2025 Respectfully submitted, /s/ W. Reid Wittliff W. Reid Wittliff State Bar No. 00791951 [email protected] Wittliff | Cutter PLLC Baylor St. Austin, Texas 78703 Telephone: (512) 960-4866 Facsimile: (512) 960-4869 Jake Sommer Kelsey Harclerode ZwillGen PLLC 1900 M Street NW, Suite 250 Washington, DC 20036 Telephone: (202) 296-3585 [email protected] [email protected] Sudhir V. Rao ZwillGen PLLC Madison Ave., Suite 1504 New York, NY 10016 Telephone: (646) 362-5590 [email protected] ATTORNEYS FOR APPELLEE

CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred with Richard McCutcheon, attorney for Appellant, who indicated that this motion is unopposed.

/s/ Sudhir V. Rao Sudhir V. Rao

CERTIFICATE OF SERVICE I certify that on July 1, 2025, the foregoing was electronically served, via the Court’s electronic filing system, on Appellant, by and through their attorneys: KEN PAXTON RICK BERLIN (TX Bar No. Attorney General of Texas 24055161) RICHARD MCCUTCHEON (TX Bar BRENT WEBSTER No. 24139547) First Assistant Attorney General MADELINE FOGEL (TX Bar No. 24141985) RALPH MOLINA DANIEL ZWART (TX Bar No. Deputy First Assistant Attorney 24070906) General KAYLIE BUETTNER (TX Bar No. 24109082) AUSTIN KINGHORN MEREDITH SPILLANE (TX Bar No. Deputy Attorney General for Civil 24131685) Litigation Assistant Attorneys General OFFICE OF THE ATTORNEY JOHNATHAN STONE 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

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.

William Wittliff on behalf of William Wittliff Bar No. 00791951 [email protected] Envelope ID: 102667100 Filing Code Description: Motion Filing Description: Appellee's Unopposed First Motion to Extend Time to File Appellees Brief Status as of 7/2/2025 7:02 AM CST Associated Case Party: State of Texas Name BarNumber Email TimestampSubmitted Status Rick Berlin [email protected] 7/1/2025 5:26:33 PM SENT Daniel Zwart [email protected] 7/1/2025 5:26:33 PM SENT Kaylie Buettner [email protected] 7/1/2025 5:26:33 PM SENT Zoann Willis [email protected] 7/1/2025 5:26:33 PM SENT Meredith Spillane [email protected] 7/1/2025 5:26:33 PM SENT Zeilic Contreras [email protected] 7/1/2025 5:26:33 PM SENT Carlos Fernandez [email protected] 7/1/2025 5:26:33 PM SENT Madeline Fogel [email protected] 7/1/2025 5:26:33 PM SENT Richard RMcCutcheon [email protected] 7/1/2025 5:26:33 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Jonathan Hung [email protected] 7/1/2025 5:26:33 PM SENT Eric Shinabarger [email protected] 7/1/2025 5:26:33 PM SENT W. Reid Wittliff [email protected] 7/1/2025 5:26:33 PM SENT Jake Sommer [email protected] 7/1/2025 5:26:33 PM SENT Kelsey Harclerode [email protected] 7/1/2025 5:26:33 PM SENT Sudhir V. Rao [email protected] 7/1/2025 5:26:33 PM SENT Sean Wieber [email protected] 7/1/2025 5:26:33 PM SENT Kevin Simpson [email protected] 7/1/2025 5:26:33 PM SENT