Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement

CourtCourt of Appeals of Texas
DecidedJanuary 7, 2025
Docket15-24-00116-CV
StatusPublished

This text of Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement (Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement, (Tex. Ct. App. 2025).

Opinion

ACCEPTED 15-24-00116-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/7/2025 4:56 PM No. 15-24-00116-CV CHRISTOPHER A. PRINE CLERK In the Fifteenth District Court of Appeals, Austin, Texas FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 1/7/2025 4:56:51 PM ARNULFO CORTEZ, JR., HOMERO R. BALDERAS, BRIAN D. CHRISTOPHER A. PRINE NIPPER, MARK F. VAN ROSENDAEL, AND BRYAN K. HUGGHINS, Clerk

Appellants, v.

TEXAS COMMISSION ON LAW ENFORCEMENT, GREGORY STEVENS IN HIS CAPACITY AS THE EXECUTIVE DIRECTOR OF THE TEXAS COMMISSION ON LAW ENFORCEMENT, JOHN BEACHAMP IN HIS OFFICIAL CAPACITY AS COUNSEL FOR TEXAS COMMISSION ON LAW ENFORCEMENT AND T.J. VINEYARD, IN HIS OFFICIAL CAPACITY AS MAJOR FOR TEXAS COMMISSION ON LAW ENFORCEMENT, Appellees.

On Appeal from the 455th District Court of Travis County, Texas The Honorable Daniella Deseta Lyttle, Presiding

APPELLEE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS:

Appellees respectfully request a 30-day extension of time to Friday,

February 22, 2025, in which to file their brief in the captioned appeal. In

support, Appellees would show the Court as follows: 1. Appellees’ brief is current due on Wednesday, January 22, 2025.

2. Counsel for Appellees was ill over the holiday break and has a trial

set in a different case on Monday, January 13, 2025.

3. This motion is not interposed for the purpose of delay, but only to

allow Counsel for Appellees time to adequately prepare and file a

brief.

4. Appellants’ counsel has stated he is not opposed to this request.

Appellees therefore respectfully request an extension of time to and

including Friday, February 22, 2025, in which to file and serve its brief

in the captioned appeal.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

JAMES LLOYD Deputy Attorney General for Civil Litigation

ERNEST C. GARCIA Chief, Administrative Law Division

/s/ Lauren McGee LAUREN MCGEE Assistant Attorney General State Bar No. 24128835 Office of the Attorney General of Texas Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-3203 Lauren.McGee@oag.texas.gov

Attorneys for Appellees

CERTIFICATE OF CONFERENCE

I hereby certify that on January 7, 2025, I contacted counsel for

Appellants and that counsel stated that he does not oppose Appellee’s

Motion for Extension of Time to File Brief.

CERTIFICATE OF SERVICE

I hereby certify that, in compliance with Rule 9.5 of the Texas Rules

of Appellate Procedure, a true and correct copy of the above and foregoing

document has been served on the following on this the 7th day of January

2025:

George E. Hyde Texas Bar No. 45006157 ghyde@txlocalgovlaw.com Matthew L. Weston Texas Bar No. 24037698 mweston@txlocalgovlaw.com HYDE KELLEY LLP 2806 Flintrock Trace, Suite A 104 Austin, Texas 78738 Telephone: (512) 686-0700

Attorneys for Appellants

/s/ Lauren McGee LAUREN MCGEE Assistant 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.

Lauren McGee on behalf of Lauren McGee Bar No. 24128835 lauren.mcgee@oag.texas.gov Envelope ID: 95961069 Filing Code Description: Motion Filing Description: TCOLE MET Status as of 1/7/2025 5:04 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

George Hyde 45006157 ghyde@txlocalgovlaw.com 1/7/2025 4:56:51 PM SENT

Matthew Weston 24037698 mweston@txlocalgovlaw.com 1/7/2025 4:56:51 PM SENT

Lauren McGee 24128835 Lauren.mcgee@oag.texas.gov 1/7/2025 4:56:51 PM SENT

Associated Case Party: TEXAS COMMISSION ON LAW ENFORCEMENT

Jennifer Foster Jennifer.Foster@oag.texas.gov 1/7/2025 4:56:51 PM SENT

Associated Case Party: City of Cibolo

Victoria Wilhelm vwilhelm@txlocalgovlaw.com 1/7/2025 4:56:51 PM SENT

Lauren Fogerty lfogerty@txlocalgovlaw.com 1/7/2025 4:56:51 PM SENT

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Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnulfo-cortez-jr-homero-r-balderas-brian-d-nipper-mark-f-van-texapp-2025.