Texas Racing Commission v. Toby Keeton
Opinion
ACCEPTED 15-25-00156-cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 11/3/2025 5:36 PM CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 11/3/2025 5:36:25 PM November 3, 2025 CHRISTOPHER A. PRINE Clerk Via E-File Christopher A. Prine, Clerk FIFTEENTH COURT OF APPEALS P.O. Box 12852 Austin, Texas 78711 Re: Case No. 15-25-00156-CV; Texas Racing Commission v. Toby Keeton, In the Fifteenth Court of Appeals Dear Mr. Prine, Please allow this letter to serve as an update to the status of the clerk’s and reporter’s records in this matter.
Requests for both the clerk’s and reporter’s records were filed with the Travis County District Clerk on October 21, 2025 (see attached requests).
An invoice was received for the clerk’s record on October 22, 2025, and payment has been requested and is being processed by our accounting department.
As of the receipt of your letters, we hadn’t heard from the court reporter for the 126th Judicial District Court, Ms. Kasi Chapman. In follow-up, a request for a transcript was made via a link on the 126th Judicial District Court’s website (see email confirmation attached), and an email was also sent to Ms. Chapman regarding the reporter’s record request (see attached email). No responses have been received at this time.
Sincerely, /s/ Jennifer Foster Jennifer Foster Legal Assistant Administrative Law Division Telephone: (512) 475-4035 [email protected]
P os t Of fic e Box 12548 , Aust in, Texa s 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www. texa satto r neyg eneral .gov 10/21/2025 1:41 PM Velva L. Price District Clerk Travis County Cause No. D-1-GN-25-002549 D-1-GN-25-002549 Selina Hamilton TOBY KEETON, § IN THE DISTRICT COURT OF Plaintiff, § § v. § TRAVIS COUNTY, TEXAS § TEXAS RACING COMMISSION, § Defendant. § 353RD JUDICIAL DISTRICT DEFENDANTS’ REQUEST FOR PREPARATION AND FILING OF THE CLERK’S RECORD TO THE HONORABLE VELVA L. PRICE, TRAVIS COUNTY DISTRICT CLERK: Defendant Texas Racing Commission (Commission), by and through the Office of the Attorney General of Texas and the undersigned Assistant Attorneys General, has appealed this case to the Court of Appeals for the Fifteenth Judicial District at Austin, Texas. This interlocutory appeal will be an accelerated appeal.
Pursuant to Texas Rule of Appellate Procedure 34.5, the Commission respectfully requests that the items listed in Rule 34.5(a), along with the items below, including all attachments and exhibits filed therewith, be included in the Clerk’s Record prepared for transmission to the Fifteenth Court of Appeals: Date Filed Document Description April 9, 2025 Plaintiff’s Original Petition April 11, 2025 Request for Issuance of Citation May 19, 2025 Defendant’s Original Answer, Plea to the Jurisdiction, Request for Submission June 18, 2025 Plaintiff’s Response in Opposition to Defendant’s Plea to the Jurisdiction August 7, 2025 Defendant’s Amended Plea to the Jurisdiction Date Filed Document Description September 10, Plaintiff’s Response in Opposition to 2025 Defendant’s Amended Plea to the Jurisdiction October 7, 2025 Letter from Judge Aurora Martinez Jones October 9, 2025 Order Denying Defendant’s Amended Plea to the Jurisdiction The Commission is responsible for the payment of the cost of the Clerk’s Record. Please notify the undersigned counsel of the cost so that payment may be sent.
TEXAS RACING COMMISSION’S REQUEST FOR CLERK’S RECORD Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 2 of 4 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 ERNEST C. GARCIA Chief, Administrative Law Division /s/ Lauren McGee LAUREN MCGEE State Bar No. 24128835 Assistant Attorney General Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-3203 [email protected] ATTORNEYS FOR DEFENDANT TEXAS RACING COMMISSION
TEXAS RACING COMMISSION’S REQUEST FOR CLERK’S RECORD Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 3 of 4 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Request for Preparation and Filing of the Clerk’s Record has been served on October 21, 2025, in compliance with Texas Rule of Civil Procedure 21a to the following party: CLARK O. BREWSTER State Bar No. 786841 JOSEPH C. DE ANGELIS Admitted Pro Hac Vice Brewster & De Angelis, PLLC 2617 E. 21st Street Tulsa, OK 74114 Telephone: (918) 742-2021 [email protected] [email protected] DON GRIFFIN, JR. State Bar No. 08456975 Vinson & Elkins, LLP Texas St., Ste 4700 Houston, TX 77002-2946 Telephone: (713) 758-3508 [email protected]
ATTORNEYS FOR PLAINTIFF TOBY KEETON
/s/ Lauren McGee LAUREN MCGEE Assistant Attorney General
TEXAS RACING COMMISSION’S REQUEST FOR CLERK’S RECORD Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 4 of 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.
Jennifer Foster on behalf of Lauren McGee Bar No. 24128835 [email protected] Envelope ID: 107104762 Filing Code Description: Request Filing Description: DEFENDANTS' REQUEST FOR PREPARATION AND FILING OF THE CLERK'S RECORD Status as of 10/22/2025 8:53 AM CST Associated Case Party: TOBY KEETON Name BarNumber Email TimestampSubmitted Status Don Griffin 8456975 [email protected] 10/21/2025 1:41:22 PM SENT Clark Brewster [email protected] 10/21/2025 1:41:22 PM SENT Joseph DeAngelis [email protected] 10/21/2025 1:41:22 PM SENT
Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer Foster [email protected] 10/21/2025 1:41:22 PM SENT Marissa Rodriguez [email protected] 10/21/2025 1:41:22 PM SENT
Associated Case Party: TEXAS RACING COMMISSION Name BarNumber Email TimestampSubmitted Status Lauren McGee [email protected] 10/21/2025 1:41:22 PM SENT Canon ParkerHill [email protected] 10/21/2025 1:41:22 PM SENT 10/21/2025 1:40 PM Velva L. Price District Clerk Travis County Cause No. D-1-GN-25-002549 D-1-GN-25-002549 Selina Hamilton TOBY KEETON, § IN THE DISTRICT COURT OF Plaintiff, § § v. § TRAVIS COUNTY, TEXAS § TEXAS RACING COMMISSION, § Defendant. § 353RD JUDICIAL DISTRICT DEFENDANTS’ REQUEST FOR PREPARATION AND FILING OF THE REPORTER’S RECORD TO THE HONORABLE JUDGE OF THIS COURT: Defendant Texas Racing Commission (Commission), by and through the Office of the Attorney General of Texas and the undersigned Assistant Attorneys General, has appealed this case to the Court of Appeals for the Fifteenth Judicial District at Austin, Texas. This interlocutory appeal will be an accelerated appeal.
Pursuant to Texas Rule of Appellate Procedure 34.6, the Commission respectfully requests that the Court Reporter for the 126th Judicial District Court prepare the Reporter’s Record of the Tuesday, September 23, 2025, hearing on the Plaintiff’s Motion for Preliminary Injunction and Defendant’s Plea to the Jurisdiction, including any exhibits, for transmission to the Fifteenth Court of Appeals.
The Commission is responsible for the payment of the cost of the Reporter’s Record. Please notify the undersigned counsel of the cost so that payment may be sent.
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 ERNEST C. GARCIA Chief, Administrative Law Division /s/ Lauren McGee LAUREN MCGEE State Bar No. 24128835 Assistant Attorney General Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-3203 [email protected] ATTORNEYS FOR DEFENDANT TEXAS RACING COMMISSION
TEXAS RACING COMMISSION’S REQUEST FOR REPORTER’S RECORD Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing Request for Preparation and Filing of the Reporter’s Record has been served on October 21, 2025, in compliance with Texas Rule of Civil Procedure 21a to the following party: CLARK O. BREWSTER State Bar No. 786841 JOSEPH C. DE ANGELIS Admitted Pro Hac Vice Brewster & De Angelis, PLLC 2617 E. 21st Street Tulsa, OK 74114 Telephone: (918) 742-2021 [email protected] [email protected] DON GRIFFIN, JR. State Bar No. 08456975 Vinson & Elkins, LLP Texas St., Ste 4700 Houston, TX 77002-2946 Telephone: (713) 758-3508 [email protected]
ATTORNEYS FOR PLAINTIFF TOBY KEETON
/s/ Lauren McGee LAUREN MCGEE Assistant Attorney General
TEXAS RACING COMMISSION’S REQUEST FOR REPORTER’S RECORD Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 3 of 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.
Jennifer Foster on behalf of Lauren McGee Bar No. 24128835 [email protected] Envelope ID: 107104686 Filing Code Description: Request Filing Description: DEFENDANTS' REQUEST FOR PREPARATION AND FILING OF THE REPORTERS RECORD Status as of 10/22/2025 11:35 AM CST Associated Case Party: TOBY KEETON Name BarNumber Email TimestampSubmitted Status Don Griffin 8456975 [email protected] 10/21/2025 1:40:28 PM SENT Clark Brewster [email protected] 10/21/2025 1:40:28 PM SENT Joseph DeAngelis [email protected] 10/21/2025 1:40:28 PM SENT
Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer Foster [email protected] 10/21/2025 1:40:28 PM SENT Marissa Rodriguez [email protected] 10/21/2025 1:40:28 PM SENT
Associated Case Party: TEXAS RACING COMMISSION Name BarNumber Email TimestampSubmitted Status Lauren McGee [email protected] 10/21/2025 1:40:28 PM SENT Canon ParkerHill [email protected] 10/21/2025 1:40:28 PM SENT From: CTS Service Desk To: Jennifer Foster Subject: 126th District Court - Travis County - Transcript Request Recevied Date: Monday, November 3, 2025 2:00:19 PM
Dear Jennifer Foster, Your transcript request form has been received. The court reporter will be reaching out to you to make arrangements.
Have a wonderful day!
Travis County Civil and Family Courts
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From: Jennifer Foster To: "[email protected]" Cc: Lauren McGee Subject: Re Transcript for D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission Date: Monday, November 3, 2025 3:21:00 PM Attachments: 2025 1021 Request for Reporters Record.pdf image001.png
Good afternoon, Ms. Chapman, We filed the attached request for reporter’s record, if any, in the matter referenced above, which is now on accelerated appeal, on October 21, 2025. It does not appear that this request made its way to you, so in addition to filling out your transcript request online, I wanted to forward it to you. The 15th Court of Appeals has given a deadline of November 13, 2025, to have the reporter’s record filed.
Please let me know if you need any additional information on our end to complete this request.
Thank you, Jennifer Foster Legal Assistant to Rosalind Hunt, Lauren McGee, and Bradley Wurster; Enforcement Team Member Administrative Law Division Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 (512) 475-4035 (512) 320-0167 fax [email protected] This message may be confidential and/or privileged under Government Code sections 552.101, 552.103, 552.107, and 552.111 and should not be disclosed without the express authorization of the Attorney General.
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.
Jennifer Foster on behalf of Lauren McGee Bar No. 24128835 [email protected] Envelope ID: 107614516 Filing Code Description: Letter Filing Description: Ltr to 15COA Clerk re Records Status as of 11/4/2025 7:03 AM CST Associated Case Party: Toby Keeton Name BarNumber Email TimestampSubmitted Status Clark Brewster 786841 [email protected] 11/3/2025 5:36:25 PM SENT Don Griffin 8456975 [email protected] 11/3/2025 5:36:25 PM SENT Joseph DeAngelis [email protected] 11/3/2025 5:36:25 PM SENT
Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer Foster [email protected] 11/3/2025 5:36:25 PM SENT
Associated Case Party: Texas Racing Commission Name BarNumber Email TimestampSubmitted Status Lauren McGee [email protected] 11/3/2025 5:36:25 PM SENT
Case-law data current through December 31, 2025. Source: CourtListener bulk data.