Whittney Ford v. the University of Texas at Austin

ACCEPTED 15-25-00123-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/26/2025 12:54 PM No. 15-25-00123-CV CHRISTOPHER A. PRINE ______________________________ CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT 8/26/2025 12:54:39 PM ______________________________CHRISTOPHER A. PRINE Clerk WHITTNEY FORD, Plaintiff/Appellant, v. JIM DAVIS AND THE UNIVERSITY OFTEXAS AT AUSTIN, Defendants/Appellees

On Appeal from Cause No. D-1-GN-24-002171, in the 261st District Court of Travis County, Texas ______________________________ APPELLEES JIM DAVIS AND THE UNIVERSITY OF TEXAS AT AUSTIN’S UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEES’ BRIEF ______________________________ TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Appellees, Jim Davis, in his official capacity as President of The University of Texas at Austin, and the University of Texas at Austin, pursuant to Tex. R. App. P. 38.6(d), file this Unopposed Motion to Extend Time to File Appellees’ Brief and would respectfully shows as follows: 1. The deadline for Appellees’ Brief is set for September 15, 2025.

2. Appellees’ counsel requests a 30-day extension to this deadline, until

-1- October 15 2025, to file Appellees’ Brief.

3. Among other matters, Appellees’ counsel Rachel Behrendt is representing the Texas Comptroller in an upcoming weeklong jury trial in September, in Arnulfo P. Alcorta, et al. v. Glenn Allen Hegar, Jr., Texas Comptroller of Public Accounts, Cause No. D-1-GN-17-006831 in the 200th Judicial District, Travis County, TX; and presently has a deadline for a Motion for Summary Judgment and response to a Motion for Summary Judgment due in October in Alan Scott Caver v. Attorney General of Texas, Cause No. CIV23-0603 in the 411th District Court of Polk County, TX, which she will need to submit earlier due to an upcoming medical procedure that she will be taking a substantial amount of leave for. Likewise, Appellee’s counsel Zachary Rhines has a full caseload, with likewise has a full caseload, with his work on League of United Latin American Citizens, et al., v. Greg Abbott, in his official capacity as Governor of the State of Texas, et al., Case No. 3:21- CV-00259-DCG-JES-JVB in the United States District Court for the Western District of Texas as well as an appellate brief due on September 22, 2025.

4. The undersigned respectfully requests additional time to review Whittney Ford’s Appellant’s Brief and adequately brief the relevant issues.

5. This is Appellees’ first request for an extension in this case. This request is sought not for the purposes of delay, but so that justice may be done.

-2- 6. On August 26, 2025, the undersigned conferred with Appellant, who is unopposed to the requested extension.

Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation KIMBERLY GDULA Division Chief, General Litigation Division /s/ Rachel L. Behrendt RACHEL L. BEHRENDT Texas Bar No. 24130871 Assistant Attorney General ZACHARY L. RHINES Texas Bar No. 24116957 Special Counsel P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (737) 231-8329 Facsimile: (512) 320-0667 [email protected] [email protected] ATTORNEYS FOR APPELLEES

-3- CERTIFICATE OF CONFERENCE On August 26, 2025, counsel for Appellees conferred with Appellant Whittney Ford, regarding the foregoing motion. Mr. Ford informed the undersigned that he is not opposed to this motion.

/s/ Rachel L. Behrendt RACHEL L. BEHRENDT Assistant Attorney General

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been served on August 26, 2025, on the following parties by e-service: Martin Cohick State Bar No. 24134042 Assistant Attorney General Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1317 Facsimile: (512) 320-0167 [email protected] Counsel for Texas Attorney General Ken Paxton Whittney Ford 4151 Wellborn Road Apartment 1101A Bryan, Texas 77801 Tel: (979) 264-4944 [email protected] Plaintiff Pro Se

-4- 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.

Ariana Ines on behalf of Rachel Behrendt Bar No. 24130871 [email protected] Envelope ID: 104858422 Filing Code Description: Motion Filing Description: APPELLEES JIM DAVIS AND THE UNIVERSITY OF TEXAS AT AUSTINS UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEES BRIEF Status as of 8/26/2025 1:36 PM CST Associated Case Party: The University of Texas at Austin Name BarNumber Email TimestampSubmitted Status Zachary Rhines 24116957 [email protected] 8/26/2025 12:54:39 PM SENT Martin Cohick 24134042 [email protected] 8/26/2025 12:54:39 PM SENT Rachel Behrendt 24130871 [email protected] 8/26/2025 12:54:39 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Wolfgang P.Hirczy de Mino [email protected] 8/26/2025 12:54:39 PM SENT Ariana Ines [email protected] 8/26/2025 12:54:39 PM SENT

Associated Case Party: Whittney Ford Name BarNumber Email TimestampSubmitted Status Whitney Ford [email protected] 8/26/2025 12:54:39 PM SENT