Misty Strauss v. Texas Department of Criminal Justice

ACCEPTED 15-25-00079-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/1/2025 1:50 AM Case No. 15-25-00079-CV CHRISTOPHER A. PRINE CLERK Misty Strauss § FILED IN 15th COURT OF APPEALS § AUSTIN, TEXAS Court of Appeals of Texas v. § 7/1/2025 1:50:23 AM § CHRISTOPHER A. PRINE Fifteenth DistrictClerk Texas Department of Criminal § Justice §

Appellant’s Motion for Extension of Time to File Appellant’s Brief

Appellant Misty Strauss respectfully requests this Court to extend her deadline to file her brief until July 7, 2025 for the following reasons: 1. Appellant’s brief is due on June 26, 2025.

2. Appellant requests a one-week extension of this deadline; if granted, her brief would be due July 7, 2025.

3. Appellant requests this relief because his undersigned counsel is currently on a pre-planned vacation through July 7, 2025. In addition, prior to and during this vacation, his undersigned counsel was required to complete an appellant’s opening brief in Perez v. City of Los Angeles, which is pending in California’s Second District Court of Appeal as Case No. B334863. This case arose from a bifurcated two-week trial with a voluminous record and multiple issues presented. The deadline on this brief could not be

-1- extended. Accordingly, Appellant respectfully submits that this short extension is both reasonable is necessary so that Appellant can provide this Court with comprehensive brief on the issues presented.

4. This Court has granted Appellant one thirty-day extension to file her opening brief in this case.

5. Appellee’s counsel does not oppose this motion and Appellee will not be prejudiced if it is granted.

6. This motion is not made for purposes of delay.

Respectfully submitted, /s/ Matthew J. Kita Matthew J. Kita Texas Bar No. 24050883 3110 Webb Avenue, Suite 150 Dallas, Texas 75205 (214) 699-1863 [email protected] Counsel for Appellant Certificate of Conference On June 24, 2025, I conferenced with counsel for Appellee, Joseph McDuffie, via e-mail regarding the merits of this motion and he represented that he does not oppose the relief requested.

/s/ Matthew J. Kita Matthew J. Kita

-2- Certificate of Service I certify that on July 1, 2025, I served a copy of this notice on the following counsel of record via e-filing in accordance with Texas Rule of Appellate Procedure 9.5 and this Court’s local rules: Counsel for Appellee: Joseph McDuffie

/s/ Matthew J. Kita Matthew J. Kita

-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.

Matthew Kita on behalf of Matthew Kita Bar No. 24050883 [email protected] Envelope ID: 102619671 Filing Code Description: Motion Filing Description: Appellants Motion for Extension of Time to File Appellants Brief Status as of 7/1/2025 6:59 AM CST Associated Case Party: Misty Strauss Name BarNumber Email TimestampSubmitted Status Matthew JKita [email protected] 7/1/2025 1:50:23 AM SENT

Associated Case Party: Texas Department of Criminal Justice Name BarNumber Email TimestampSubmitted Status Joseph McDuffie [email protected] 7/1/2025 1:50:23 AM SENT