Texas Court of Appeals, 15th District, 2025

State of Texas v. Arity 875, LLC

State of Texas v. Arity 875, LLC
Texas Court of Appeals, 15th District · Decided November 20, 2025
State of Texas v. Arity 875, LLC

Opinion

ACCEPTED 15-25-00213-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 11/20/2025 4:12 PM CHRISTOPHER A. PRINE CLERK In the Court of Appeals 15th AUSTIN, FILED IN COURT OF APPEALS TEXAS for the Fifteenth Judicial District11/20/2025 4:12:07 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 NOTICE OF APPEAL TO THE HONORABLE FIFTEENTH COURT OF APPEALS: Appellant, State of Texas, (“Appellant”) pursuant to Rule 26.3 of the Texas Rules of Appellate Procedure files this Unopposed First Motion to Extend the Time to File Appellant's Notice of Appeal by 15 days. Appellant respectfully shows the Court the following: 1. Appellant desires to appeal from the Order Granting Special Appearance in the 457th Judicial District Court of Montgomery County, Texas, the Honorable Vincenzo Santini presiding, on November 7, 2025. The trial court style and number of the case are as follows: State of Texas v. Allstate Insurance Company, Allstate Vehicle and Property Insurance Company, Allstate Fire and Casualty Insurance Company, Arity, LLC, Arity 875, LLC, and Arity Services, LLC, , Cause No. 25–01–00561.

2. If not accounting for Rule 4 of the Texas Rules of Civil Procedure and Rule 4.1(a) of the Texas Rules of Appellate Procedure, the deadline for filing the notice of appeal would be November 27, 2025, the date of Thanksgiving Day, as listed in Texas Government Code 662.003. Accounting for the holiday, the actual deadline for filing the notice of appeal in this case is December 1, 2025.

3. Appellant requests additional time because the December 1, 2025, deadline for filing the notice of appeal falls immediately after the Thanksgiving holiday, requiring the attorneys for the State of Texas to prepare during a period traditionally reserved for holiday observance.

4. This is Appellant’s first request for extension to file the notice of appeal.

5. Appellant seeks an order extending the time for filing the notice of appeal for 15 days, through and including December 16, 2025.

6. The extension of time requested will not prejudice or inconvenience Appellee Arity 875, LLC.

7. The undersigned conferred with Appellee’s counsel regarding this motion on November 19, 2025, and Appellee confirmed on November 19, 2025, it is unopposed.

PRAYER For these reasons, Appellant respectfully requests that the Court extend the deadline to file its notice of appeal from December 1, 2025, by 15 days, through and including December 16, 2025.

Dated: November 20, 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 Jake Sommer, 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 November 20, 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 1601 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.

Envelope ID: 108302928 Filing Code Description: Motion Filing Description: 20251120 Motion to Extend Time to File Notice of Appeal 1551 Status as of 11/21/2025 7:26 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Rick Berlin [email protected] 11/20/2025 4:12:07 PM SENT Richard RMcCutcheon [email protected] 11/20/2025 4:12:07 PM SENT Madeline Fogel [email protected] 11/20/2025 4:12:07 PM SENT Daniel T.Zwart [email protected] 11/20/2025 4:12:07 PM SENT Kaylie Buettner [email protected] 11/20/2025 4:12:07 PM SENT Meredith Spillane [email protected] 11/20/2025 4:12:07 PM SENT W. Reid Wittliff [email protected] 11/20/2025 4:12:07 PM SENT Kelsey Harclerode [email protected] 11/20/2025 4:12:07 PM SENT Jake Sommer [email protected] 11/20/2025 4:12:07 PM SENT Sudhir V. Rao [email protected] 11/20/2025 4:12:07 PM SENT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.