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 No. 15-25-00086-CV 10/10/2025 1:46 PM CHRISTOPHER A. PRINE CLERK In the Court of Appeals FILED IN 15th COURT OF APPEALS for the Fifteenth Judicial District AUSTIN, TEXAS ____________________________ 10/10/2025 1:46:17 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’ SECOND 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 Second Unopposed Motion for Extension of Time to File Brief, and would show the Court the following:
1. Appellees’ response brief was initially due on September 15, 2025.
2. Appellees were granted 30-day extension of time to file their response brief, i.e., until Wednesday, October 15, 2025.
3. Appellees request an additional 16-day extension to file their response brief, i.e., until October 31, 2025.
4. Lead Counsel for the Appellees, Mr. Cole P. Wilson, has been on leave pursuant to the Family Medical Leave Act through the duration of the extension and unable to prepare Appellees’ brief.
5. Appellees’ Additional Counsel, Lynn E. Saarinen, has had other matters demanding her time and attention; specifically: 5.1. Additional Counsel had several other previously scheduled filings and briefings due in state court throughout September and continuing into October 2025, including a trial setting in mid- September 2025.
5.2. Additional Counsel was also out of the office during the last week in August and the first week of September for scheduled leave that had been paid for and planned for some time.
5.3. Additional Counsel did not participate in the trial court and reviewing the records and drafting the response brief to four appellants’ briefs has taken a great deal of time.
6. This is Appellees’ second request for an extension of time.
7. 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.
8. Appellants do not oppose this motion.
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 October 15th, 2025, to October 31st, 2025.
Dated: October 10, 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 Asst. 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 October 9, 2025, Counsel conferred by email with Appellants’ Counsel regarding this motion, and Appellants’ Counsel are 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 October 10, 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: 106711348 Filing Code Description: Motion Filing Description: 20251010_Apees 2d METBrief Status as of 10/10/2025 2:01 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Allison Collins 24127467 [email protected] 10/10/2025 1:46:17 PM SENT Sherry Brown [email protected] 10/10/2025 1:46:17 PM SENT Andy Messer [email protected] 10/10/2025 1:46:17 PM SENT Brad Bullock [email protected] 10/10/2025 1:46:17 PM SENT Timothy Dunn [email protected] 10/10/2025 1:46:17 PM SENT Todd Disher [email protected] 10/10/2025 1:46:17 PM SENT William Thompson [email protected] 10/10/2025 1:46:17 PM SENT Cole Wilson [email protected] 10/10/2025 1:46:17 PM SENT Guillermo Trevino [email protected] 10/10/2025 1:46:17 PM SENT Lena Chaisson-Munoz [email protected] 10/10/2025 1:46:17 PM SENT George Hyde [email protected] 10/10/2025 1:46:17 PM SENT Matthew Weston [email protected] 10/10/2025 1:46:17 PM SENT David Overcash [email protected] 10/10/2025 1:46:17 PM SENT Clark McCoy [email protected] 10/10/2025 1:46:17 PM SENT
Associated Case Party: City of Brownsville, Texas Name BarNumber Email TimestampSubmitted Status Lena Chaisson-Munoz [email protected] 10/10/2025 1:46:17 PM SENT Will S.Trevino [email protected] 10/10/2025 1:46:17 PM SENT
Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity 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: 106711348 Filing Code Description: Motion Filing Description: 20251010_Apees 2d METBrief Status as of 10/10/2025 2:01 PM CST Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity Name BarNumber Email TimestampSubmitted Status Raymond Abarca [email protected] 10/10/2025 1:46:17 PM SENT Cole Wilson [email protected] 10/10/2025 1:46:17 PM SENT Lynn Saarinen [email protected] 10/10/2025 1:46:17 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.