State of Texas v. Arity 875, LLC

ACCEPTED 15-25-00082-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/11/2025 12:46 PM CHRISTOPHER A. PRINE No. 15-25-00082-CV CLERK In the Court of Appeals 15th AUSTIN, FILED IN COURT OF APPEALS TEXAS for the Fifteenth Judicial District8/11/2025 12:46:11 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 REPLY 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 reply brief on the merits by 20 days. Appellant respectfully shows the Court the following: 1. Appellant’s reply brief is currently due on August 25, 2025.

2. This is the first request for extension of time to file Appellant’s Reply Brief.

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

4. On July 2, 2025 this Court granted Appellee’s unopposed motion to extend time by 20 days to file Appellee’s brief.

5. On August 25, 2025, State of Texas attorney Rick Berlin is scheduled for trial in State of Texas v. Happy Foot Spa, No. 2020-14987 (333rd Dist. Ct., Harris County, Tex. Mar. 3, 2020).

6. The undersigned conferred with Appellee’s counsel regarding this motion via email on August 7, 2025, and Appellee confirmed on August 11, 2025, it is unopposed.

7. Appellant asks for this extension to fully prepare its reply brief. 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 reply brief that is helpful to the Court; no party will be prejudiced if granted.

PRAYER For these reasons, Appellant respectfully requests that the Court extend the deadline to file its reply brief from August 25, 2025, to September 15, 2025.

Dated: August 11, 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) DANIEL ZWART (TX Bar No. 24070906) RALPH MOLINA KAYLIE BUETTNER (TX Bar No. 24109082) Deputy First Assistant Attorney General MEREDITH SPILLANE (TX Bar No. 24131685) Assistant Attorneys General AUSTIN KINGHORN OFFICE OF THE ATTORNEY GENERAL Deputy Attorney General for Civil Litigation Consumer Protection Division Travis Street, Suite 1520 JOHNATHAN STONE Houston, Texas 77002 Chief, Consumer Protection Division 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 August 11, 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.

Carlos Fernandez on behalf of Richard Berlin Bar No. 24055161 [email protected] Envelope ID: 104211170 Filing Code Description: Motion Filing Description: 20250811 Motion to Extend Time to Reply Brief Status as of 8/11/2025 1:35 PM CST Associated Case Party: State of Texas Name BarNumber Email TimestampSubmitted Status Rick Berlin [email protected] 8/11/2025 12:46:11 PM SENT Daniel Zwart [email protected] 8/11/2025 12:46:11 PM SENT Kaylie Buettner [email protected] 8/11/2025 12:46:11 PM SENT Zoann Willis [email protected] 8/11/2025 12:46:11 PM SENT Meredith Spillane [email protected] 8/11/2025 12:46:11 PM SENT Zeilic Contreras [email protected] 8/11/2025 12:46:11 PM SENT Carlos Fernandez [email protected] 8/11/2025 12:46:11 PM SENT Madeline Fogel [email protected] 8/11/2025 12:46:11 PM SENT Richard RMcCutcheon [email protected] 8/11/2025 12:46:11 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Jonathan Hung [email protected] 8/11/2025 12:46:11 PM SENT Eric Shinabarger [email protected] 8/11/2025 12:46:11 PM SENT W. Reid Wittliff [email protected] 8/11/2025 12:46:11 PM SENT Jake Sommer [email protected] 8/11/2025 12:46:11 PM SENT Kelsey Harclerode [email protected] 8/11/2025 12:46:11 PM SENT Sudhir V. Rao [email protected] 8/11/2025 12:46:11 PM SENT Sean Wieber [email protected] 8/11/2025 12:46:11 PM SENT Kevin Simpson [email protected] 8/11/2025 12:46:11 PM SENT