Brandon Hodges, Individually and in His Official Capacity as Trustee of District for Midland ISD; Dr. Mary Bone, Individually and in Her Official Capacity as a Trustee of Round Rock ISD; And Danielle Weston, Individually and in Her Official Capacity as a Trustee of Round Rock ISD v. Pecos-Barstow-Toyah Independent School District, Crandall Independent School District, Forney Independent School District, Fort Stockton Independent School District, and Kingsville Independent School District

Opinion

ACCEPTED 15-24-00109-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/31/2025 11:47 AM NO. 15-24-00109-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS FOR THE FIFTEENTH DISTRICT OF TEXASAUSTIN, TEXAS AT AUSTIN 3/31/2025 11:47:54 AM CHRISTOPHER A. PRINE Clerk BRANDON HODGES, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS TRUSTEE OF DISTRICT FOR MIDLAND ISD; DR. MARY BONE, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS A TRUSTEE OF ROUND ROCK ISD; AND DANIELLE WESTON, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS A TRUSTEE OF ROUND ROCK ISD,

Appellants,

v.

PECOS-BARSTOW-TOYAH INDEPENDENT SCHOOL DISTRICT; CRANDALL INDEPENDENT SCHOOL DISTRICT; FORNEY INDEPENDENT SCHOOL DISTRICT, FORT STOCKTON INDEPENDENT SCHOOL DISTRICT; AND KINGSVILLE INDEPENDENT SCHOOL DISTRICT,

Appellees.

Appeal from the 201st Judicial District Court Travis County, Texas Cause No. D-1-GN-24-005018

APPELLANTS’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

TO THE HONORABLE COURT OF APPEALS:

Appellants Brandon Hodges individually and in his official capacity as

Trustee of District for Midland ISD, Dr. Mary Bone individually and in her official

APPELLANTS’ MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF PAGE 1 capacity as a Trustee of Round Rock ISD, and Danielle Weston individually and in

her official capacity as a Trustee of Round Rock ISD (collectively “Appellants”) file

this Unopposed Motion for Extension of Time to File Appellants’ Reply Brief and

shows:

I. SUMMARY OF MOTION

Appellants’ Reply Brief in the above matter is due on March 31, 2025.

Appellants request a 20-day extension, moving the deadline to April 21, 2025. 1 This

is Appellants’ first request for an extension of time to file their Reply Brief. This

motion is unopposed.

II. ARGUMENT AND AUTHORITIES

The Texas Rules of Appellate Procedure allow for the extension of a party’s

briefing deadline upon a motion under Rule 10.5(b). TEX. R. APP. P. 38.6(d) (citing

TEX. R. APP. P. 10.5(b)). Under Rule 10.5(b), the movant must identify the existing

deadline, the length of the extension requested, the factual basis for the extension,

and the number of prior extensions granted for the same deadline. TEX. R. APP. P.

10.5(b).

This is Appellants’ first requested extension, and the length of the extension

sought is 20 days. If this motion is granted, Appellants’ Reply Brief will be due on

April 21, 2025. Appellees do not oppose the requested extension.

1 Twenty days from March 31, 2025 is Sunday, April 20, 2025, thus, the date upon which the Reply Brief would be due is April 21, 2025. See TEX. R. APP. P. 4.1(a).

APPELLANTS’ MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF PAGE 2 Counsel for Appellants request an extension due to deadlines that have

hindered their completion of Appellants’ Brief in this matter. Lead counsel in this

case, Byron K. Henry, has had a number of other deadlines and requirements

precluding his ability to complete the Brief by the deadline, including the following:

• Out of the office on pre-paid family vacation March 10-14, 2025.

• Prepare for and file Petition for Writ of Mandamus and Motion for Temporary Relief on March 18, 2025 in Case No. 05-25-00319-CV, before the Fifth District Court of Appeals at Dallas, Texas.

• Prepare for and attend hearing on Motion for Summary Judgment on March 19, 2025, in Cause No. 096-341756-23, in the 96th District Court, Tarrant County, Texas.

• Prepare for and attend Jury Trial on March 24, 2025, in Cause No. 429- 06415-2019, in the 429th District Court, Collin County, Texas.

Counsel for Appellants Walker Young also has had to attend to several

deadlines that have hindered and will hinder his work to complete Appellants’ Reply

Brief and has been engaged in preparing the same briefs. Mr. Young was also out of

the office on a pre-paid family vacation from March 10, 2025 through March 14,

2025.

For these reasons, a 20-day extension of time is needed to complete

Appellants’ Reply Brief in this matter. This extension is not sought for delay but so

that justice may be done.

APPELLANTS’ MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF PAGE 3 III. CONCLUSION AND PRAYER

For these reasons, Appellants Brandon Hodges individually and in his official

capacity as Trustee of District for Midland ISD, Dr. Mary Bone individually and in

her official capacity as a Trustee of Round Rock ISD, and Danielle Weston

individually and in her official capacity as a Trustee of Round Rock ISD respectfully

request the Court GRANT their Unopposed Motion for Extension of Time to File

Appellants’ Reply Brief, order the Brief due on or before April 21, 2025, and grant

Appellants such other relief to which they may be justly entitled.

Respectfully submitted,

By: BYRON K. HENRY State Bar No. 24008909 byron.henry@solidcounsel.com WALKER STEVEN YOUNG State Bar No. 24102676 walker.young@solidcounsel.com

SCHEEF & STONE, L.L.P. 2600 Network Blvd., Suite 400 Frisco, Texas 75034 (214) 472-2100 Phone (214) 472-2150 Fax

ATTORNEYS FOR APPELLANTS

APPELLANTS’ MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF PAGE 4 CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Appellees’ counsel on March 31, 2025

and Appellees are unopposed to the relief requested in this motion. Certified to on

March 31, 2025.

/s/ Walker Steven Young WALKER STEVEN YOUNG

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of this document has been

delivered pursuant to TEX. R. APP. P. 9.5 to all counsel as indicated below on

March 31, 2025:

Via Electronic Filing/Service David J. Campbell dcampbell@808west.com Kevin O’Hanlon kohanlon@808west.com O’HANLON, DEMERATH & CASTILLO 808 West Ave. Austin, Texas 78701

ATTORNEYS FOR APPELLEES

Byron K. Henry

APPELLANTS’ MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF PAGE 5 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.

Melissa Diaz on behalf of Byron Henry Bar No. 24008909 melissa.diaz@solidcounsel.com Envelope ID: 99072069 Filing Code Description: Motion Filing Description: Appellants' Unopposed Motion for Extension of Time to File Reply Brief Status as of 3/31/2025 1:25 PM CST

Associated Case Party: Brandon Hodges, individually and in his official capacity as Trustee of District for Midland ISD

Name BarNumber Email TimestampSubmitted Status

Byron K.Henry byron.henry@solidcounsel.com 3/31/2025 11:47:54 AM SENT

Melissa Diaz melissa.diaz@solidcounsel.com 3/31/2025 11:47:54 AM SENT

Walker StevenYoung walker.young@solidcounsel.com 3/31/2025 11:47:54 AM SENT

Associated Case Party: Pecos-Barstow-Toyah Independent School District

Name BarNumber Email TimestampSubmitted Status

Kevin O'Hanlon 15235500 kohanlon@808west.com 3/31/2025 11:47:54 AM SENT

Lea Ohrstrom lohrstrom@808west.com 3/31/2025 11:47:54 AM SENT

David Campbell dcampbell@808west.com 3/31/2025 11:47:54 AM SENT

Edward Smith esmith@808west.com 3/31/2025 11:47:54 AM SENT