2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney General Kenneth Paxton (In His Official Capacity), Acting Texas Comptroller of Public Accounts Kelly Hancock (In His Official Capacity), and the Office of the Texas Comptroller of Public Accounts
Opinion
ACCEPTED 15-25-00086-Cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/26/2025 3:01 PM No. 15-25-00086-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Court of Appeals 15th AUSTIN, COURT OF APPEALS TEXAS for the Fifteenth Judicial District 8/26/2025 3:01:04 PM ____________________________ CHRISTOPHER A. PRINE Clerk 2020 LONG TAIL TRAIL INVESTMENTS, LLC, ET AL., Appellants, v. STATE OF TEXAS, ET AL., Appellees. ______________________________ On Appeal from the 261st Judicial District Court, Travis County Cause No. D-1-GN-23-007785 ______________________________ APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF _____________________________ TO THE HONORABLE COURT OF APPEALS: Pursuant to Texas Rules of Appellate Procedure 10.5(B) and 38.6, Appellees State of Texas, Attorney General Kenneth Paxton (in his official capacity), the Acting Texas Comptroller of Public Accounts Kelly Hancock (in his official capacity), and the Office of the Texas Comptroller of Public Accounts file this Unopposed Motion for Extension of Time to File Brief, and would show the Court the following: 1. Appellees response brief is due on Monday, September 15, 2025.
2. Appellees request a 30-day extension of time to file their response brief until, Wednesday, October 15, 2025.
3. Lead Counsel for the Appellees, Mr. Cole P. Wilson, is on paternity leave beginning August 21st, through mid-October, 2025, and will be unable to prepare Appellees’ Response brief.
4. Appellees’ Additional Counsel, Ms. Lynn E. Saarinen, has other matters demanding her time and attention; specifically: 4.1. Counsel must prepare for trial that is currently set in Harris County, Texas for September 15th, 2025, if a continuance request is not granted.
4.2. Additionally, Counsel has pre-approved leave during the last week in August, and first week of September.
4.3. Finally, Counsel has several other previously scheduled filings and briefings due in both federal and state court, including the Texas Supreme Court, throughout September and October 2025.
5. This is Appellee’s first request for an extension of time.
6. The requested extension is reasonable and necessary to allow Appellees adequate time to prepare their response brief. This request is not made for delay but only so that justice may be done.
7. Appellants do not oppose this motion.
8. Appellees request that this Court grant an extension of time for days until October 15th, 2025, to file their response to Appellants’ opening briefs.
Wherefore, for the above reasons, Appellees State of Texas, Attorney General Kenneth Paxton (in his official capacity), the Acting Texas Comptroller of Public Accounts Kelly Hancock (in his official capacity), and the Office of the Texas Comptroller of Public Accounts respectfully request that the Court extend the time for filing their response brief from September 15th, 2025, to October 15th, 2025.
Dated: August 26, 2025 Respectfully submitted,
Ken Paxton Austin Kinghorn Attorney General of Texas Deputy Attorney General for Civil Litigation Brent Webster First Assistant Attorney General Kimberly Gdula Chief for General Litigation Ralph Molina Division Deputy First Assistant Attorney General Cole P. Wilson Assistant Attorney General Texas State Bar No. 24122856 [email protected] /s/ Lynn E. Saarinen Lynn E. Saarinen Assistant Attorney General Texas State Bar No. 17498900 [email protected] Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 737-224-4634|Fax: 512-320-0667 Counsel for Appellees
CERTIFICATE OF CONFERENCE I hereby certify that on August 19, 2025, Counsel conferred by email with Appellant’s Counsel, regarding this motion, and Appellant’s Counsel is unopposed.
/s/Lynn E. Saarinen Lynn E. Saarinen
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been sent via electronic service to all attorneys of record, in compliance with Rule 6.3 of the Texas Rules of Appellate Procedure, on August 26, 2025.
/s/Lynn E. Saarinen Lynn E. Saarinen
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.
Raymond Abarca on behalf of Lynn Saarinen Bar No. 17498900 [email protected] Envelope ID: 104870227 Filing Code Description: Motion Filing Description: 20250826_Appellees Unopposed Motion for Extension of Time Final Status as of 8/26/2025 3:56 PM CST Associated Case Party: City of Brownsville, Texas Name BarNumber Email TimestampSubmitted Status Lena Chaisson-Munoz [email protected] 8/26/2025 3:01:04 PM SENT Will S.Trevino [email protected] 8/26/2025 3:01:04 PM SENT
Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity Name BarNumber Email TimestampSubmitted Status Raymond Abarca [email protected] 8/26/2025 3:01:04 PM SENT Cole Wilson [email protected] 8/26/2025 3:01:04 PM SENT Lynn Saarinen [email protected] 8/26/2025 3:01:04 PM SENT
Case Contacts Name BarNumber Email TimestampSubmitted Status Sherry Brown [email protected] 8/26/2025 3:01:04 PM SENT Andy Messer [email protected] 8/26/2025 3:01:04 PM SENT Brad Bullock [email protected] 8/26/2025 3:01:04 PM SENT Timothy Dunn [email protected] 8/26/2025 3:01:04 PM SENT Todd Disher [email protected] 8/26/2025 3:01:04 PM SENT William Thompson [email protected] 8/26/2025 3:01:04 PM SENT Cole Wilson [email protected] 8/26/2025 3:01:04 PM SENT Guillermo Trevino [email protected] 8/26/2025 3:01:04 PM SENT Lena Chaisson-Munoz [email protected] 8/26/2025 3:01:04 PM SENT George Hyde [email protected] 8/26/2025 3:01:04 PM SENT 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.
Raymond Abarca on behalf of Lynn Saarinen Bar No. 17498900 [email protected] Envelope ID: 104870227 Filing Code Description: Motion Filing Description: 20250826_Appellees Unopposed Motion for Extension of Time Final Status as of 8/26/2025 3:56 PM CST Case Contacts George Hyde [email protected] 8/26/2025 3:01:04 PM SENT Matthew Weston [email protected] 8/26/2025 3:01:04 PM SENT David Overcash [email protected] 8/26/2025 3:01:04 PM SENT Clark McCoy [email protected] 8/26/2025 3:01:04 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.