All Star Imports, Inc. D/B/A World Car Mazda North// Mazda Motor of North America, Inc. A/K/A Mazda Motor of America, Inc. v. Board of the Texas Department of Motor Vehicles, and Mazda Motor of North America, Inc. A/K/A Mazda Motor of America, Inc.// Cross-Appellee, All Star Imports, Inc. D/B/A World Car Mazda North
Opinion
ACCEPTED
15-24-00017-CV
FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/24/2025 10:39 AM
No. 15-24-00017-CV CHRISTOPHER A. PRINE CLERK
IN THE COURT OF APPEALS FOR THE FIFTEENTH DISTRICT OFILED F TEXAS
IN
15th COURT OF APPEALS
AUSTIN, TEXAS
ALL STAR IMPORTS, INC. D/B/A WORLD CAR MAZDA NORTH 2/24/2025 ,
10:39:41 AM
CHRISTOPHER A. PRINE
Appellant and Cross-Appellee, Clerk
v.
MAZDA MOTOR OF NORTH AMERICA, INC. A/K/A MAZDA MOTOR OF AMERICA, INC., Cross-Appellant and Appellee, v.
BOARD OF THE TEXAS DEPARTMENT OF MOTOR VEHICLES, Appellee and Cross-Appellee.
On Appeal from Cause No. D-1-GN-23-005034 in the 345th Judicial District Court of Travis County, Texas
MAZDA’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE CROSS-APPELLEE’S BRIEF
TO THE HONORABLE FIFTEENTH COURT OF APPEALS:
Mazda Motor of North America, Inc. a/k/a Mazda Motor Of
America, Inc., respectfully files this motion for extension of time to file
its cross-appellee’s brief in this case.
A. Mazda’s cross-appellee’s brief to the Board is due on Monday,
February 23, 2025.
B. Mazda respectfully requests a three-day extension of time
until Thursday, February 27, 2025. Mazda relies on the following facts to
show a reasonable explanation for this request:
Mazda’s counsel, Ben Escobar and Jeff Nobles, have had conflicting obligations in a number of other cases since the opposing briefs were filed in this case.
Counsel has been preparing a combined reply brief to the appellee’s briefs of World Car and the Board in this case. These briefs are due on Thursday, February 27. The issues in those reply briefs and the cross-appellee’s brief are the same: what is the meaning of “act,” as used in section 2001.146(c) of the Texas Government Code?
Counsel prepared and filed a reply brief in the Second Court of Appeals on January 28, 2025.
Counsel prepared and filed a post-submission brief, ordered by the First Court of Appeals on January 28, and filed on February 20, 2025.
Counsel is revising and finalizing a mandamus petition for filing in the Fourth Court of Appeals on February 24, 2025.
Counsel has been handling post-mandate judgment enforcement activities in a Dallas County District Court.
In addition, Nobles and his wife traveled to Boston, Massachusetts, for the wedding shower of their daughter Audrey, on February 2, 2025. He was out of the office on January 31 and February 3.
Finally, Nobles is in the final stages of preparing for his retirement from his law firm on February 28, 2025. He will continue to practice law at a slower pace after his retirement, but the internal and external planning for this transition has been time-consuming.
None of these matters has taken precedence over this case, but they involve court settings, briefing deadlines, and personal commitments that could not be rescheduled.
C. There have not been any previous extensions regarding these
briefs.
PRAYER
For these reasons, appellant respectfully requests a three-day
extension of time, until February 27, 2025, for filing its reply briefs.
Respectfully submitted, /s/ Brit T. Brown Brit T. Brown Brit.brown@akerman.com Texas Bar No. 03094550 Benjamin A. Escobar, Jr. Benjamin.escobar@akerman.com Texas Bar No. 00787440 AKERMAN LLP 1300 Post Oak Blvd., Suite 2300 Houston, Texas 77056- Telephone: (713) 623-0887 Fax: (713) 960-1527 Fax: 713-647-6884
Jeff Nobles jeff.nobles@huschblackwell.com Texas Bar No. 15053050 HUSCH BLACKWELL LLP 600 Travis Street, Suite 2350 Houston, Texas 77002 Telephone: 713-647-6800
ATTORNEYS FOR APPELLEE/CROSS- APPELLANT, MAZDA MOTOR OF NORTH AMERICA, INC. A/K/A MAZDA MOTOR OF AMERICA, INC.
CERTIFICATE OF CONFERENCE
I certify that I have conferred with counsel for All Star Imports, Inc.
d/b/a World Car Mazda North. They are unopposed to this motion.
/s/ Jeff Nobles Jeff Nobles
CERTIFICATE OF SERVICE
I certify that this document was electronically filed with the Clerk of the Court using the electronic case filing system. A true and correct copy was served on the counsel of record listed below on February 24, 2025:
Jeffrey L. Oldham OFFICE OF THE ATTORNEY GENERAL jeff.oldham@bracewell.com Ken Paxton, Attorney General Walter A. Simons Brent Webster walter.simons@bracewell.com James Lloyd BRACEWELL LLP Ernest C. Garcia 711 Louisiana St., Ste. 2300 Kathy Johnson Houston, Texas 77002 kathy.johnson@oag.texas.gov P.O. Box 12548
Jarod R. Stewart Capital Station jstewart@steptoe.com Austin, Texas 78711 Austin Kreitz akreitz@steptoe.com Counsel for Appellee Board of the STEPTOE, LLP Texas Department of Motor 717 Texas Ave., Ste. 2800 Vehicles Houston, Texas 77002
Counsel for Appellant All Star Imports, Inc. d/b/a World Car Mazda North
/s/ Jeff Nobles Jeff Nobles
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.
darlyn castillo on behalf of Jeffery Taylor Nobles Bar No. 15053050 darlyn.castillo@huschblackwell.com Envelope ID: 97702907 Filing Code Description: Motion Filing Description: Mazda's Unopposed Motion for Extension of Time to File Cross-Appellee's Brief Status as of 2/24/2025 10:58 AM CST
Associated Case Party: Board of the Texas Department of Motor Vehicles
Name BarNumber Email TimestampSubmitted Status
Christian Young christian.young@oag.texas.gov 2/24/2025 10:39:41 AM SENT
Kathy Johnson Kathy.Johnson@oag.texas.gov 2/24/2025 10:39:41 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Benjamin AEscobar benjamin.escobar@akerman.com 2/24/2025 10:39:41 AM SENT
Brit T.Brown brit.brown@akerman.com 2/24/2025 10:39:41 AM SENT
Neila Olvera neila.olvera@akerman.com 2/24/2025 10:39:41 AM SENT
Jeffery Nobles 15053050 jeff.nobles@huschblackwell.com 2/24/2025 10:39:41 AM SENT
Jeffrey Oldham 24051132 jeff.oldham@bracewell.com 2/24/2025 10:39:41 AM SENT
Walter Simons 24098429 walter.simons@bracewell.com 2/24/2025 10:39:41 AM SENT
Jarod Stewart 24066147 jstewart@steptoe.com 2/24/2025 10:39:41 AM SENT
Austin Kreitz 24102044 akreitz@steptoe.com 2/24/2025 10:39:41 AM SENT
Katherine Johnson 24126964 kathy.johnson@oag.texas.gov 2/24/2025 10:39:41 AM SENT
Terri Patton terri.patton@bracewell.com 2/24/2025 10:39:41 AM SENT
Christina Ramos cramos@steptoe.com 2/24/2025 10:39:41 AM SENT
Sallie Woodell swoodell@steptoe.com 2/24/2025 10:39:41 AM SENT
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All Star Imports, Inc. D/B/A World Car Mazda North// Mazda Motor of North America, Inc. A/K/A Mazda Motor of America, Inc. v. Board of the Texas Department of Motor Vehicles, and Mazda Motor of North America, Inc. A/K/A Mazda Motor of America, Inc.// Cross-Appellee, All Star Imports, Inc. D/B/A World Car Mazda North (All Star Imports, Inc. D/B/A World Car Mazda North// Mazda Motor of North America, Inc. A/K/A Mazda Motor of America, Inc. v. Board of the Texas Department of Motor Vehicles, and Mazda Motor of North America, Inc. A/K/A Mazda Motor of America, Inc.// Cross-Appellee, All Star Imports, Inc. D/B/A World Car Mazda North) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.