CreateAI Holdings, Inc. F/K/A TuSimple Holdings, Inc. v. Bot Auto TX Inc.

Court of Appeals of Texas

CreateAI Holdings, Inc. F/K/A TuSimple Holdings, Inc. v. Bot Auto TX Inc.

Court of Appeals of Texas·Decided March 7, 2025·No. 15-25-00001-CV·Published

Opinion

ACCEPTED 15-25-00001-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/7/2025 1:17 PM No. 15-25-00001-CV CHRISTOPHER A. PRINE CLERK FILED IN COURT OF APPEALS 15th COURT OF APPEALS for the AUSTIN, TEXAS FIFTEENTH DISTRICT OF TEXAS 3/7/2025 1:17:45 PM CHRISTOPHER A. PRINE Clerk TUSIMPLE HOLDINGS, INC. nka CREATEAI HOLDINGS INC.,

Appellant, v.

BOT AUTO TX INC.,

Appellee.

Appeal from the 11th Judicial District of the Business Court of Harris County, Texas Honorable Sofia Adrogue, Presiding Judge

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

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d), Appellee Bot Auto TX Inc.

(“Bot Auto”) files this Motion for Extension of Time to File Appellee’s Brief, and

respectfully shows the Court as follows:

1. Bot Auto’s appellee brief currently is due on March 24, 2025. For the

following reasons, Bot Auto respectfully requests a thirty-day extension of time to

file its brief, making the new due date April 23, 2025. This is its first request.

APPELLEE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF Page 1 2. The undersigned appellate counsel was not involved in the trial court

proceedings and thus needs additional time to become familiar with the underlying

record and legal issues.

3. In addition, Bot Auto’s counsel has had and will have other

commitments necessitating this extension, including:

a. Briefing and a motion to dismiss hearing in the trial court proceeding of this case, TuSimple Holdings, Inc. nka CreateAI Holdings, Inc., No. 24-BC11A-0007, in the Eleventh Judicial District of the Business Court of Harris County; b. Preparing a reply in support of a motion to dismiss due on March 10, 2025, in P.H. v. CISD et al., No. 4:24-CV-00951-P, in the United States District Court for the Northern District of Texas;

c. Multiple pretrial deadlines and filings due March 14, 2025 in advance of a pretrial conference and trial setting April 16, 2025 in Kaiser Aluminum Warrick, LLC v. US Magnesium, LLC, Case No. 1:22-CV-03105-JGK, in the Southern District of New York;

d. Preparing the Brief of Appellant that is due on March 17, 2025, in Wilemon v. Brownlie, No. 02-24-00249-CV, in the Court of Appeals for the Second District of Texas in Fort Worth; e. Defending an expert deposition on March 18, 2025 in Naples, Florida, in US Dominion, Inc., et al. v. Herring Networks, Inc., et al., No. 1:21-CV-02130 (CJN), in the United States District Court for the District of Columbia;

f. Preparing for a discovery hearing on April 2, 2025 in the trial court proceeding of this case, TuSimple Holdings, Inc. nka CreateAI Holdings, Inc., No. 24-BC11A-0007, in the Eleventh Judicial District of the Business Court of Harris County;

APPELLEE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF Page 2 g. Preparing Daubert motions that are due on April 10, 2025, in Roku, Inc. v. AlmondNet, Inc. and IntentIQ, LLC, No. 21-CV- 1035-MN, in the United States District Court for the District of Delaware;

h. Preparing for and participating in the trial of Robert Reyes v. Cooper Natura Resources, Inc., et al., No. 348-324609-21 in the 348th Judicial District Court of Tarrant County, Texas the week of April 7, 2025;

i. Defending an expert deposition on April 8, 2025 in Houston, Texas, in BioUrja Renewables, LLC v. GOJO Industries, Inc., No. 1:23-CV-01280-MMM, in the United States District Court for the Central District of Illinois; j. Defending an expert deposition on April 10, 2025 in Houston, Texas, in BioUrja Renewables, LLC v. Buckley Oil Company, No. 2023-LA-72, in the Circuit Court of the Sixth Judicial Circuit, Macon County, Illinois; and k. Preparing invalidity contentions due April 11, 2025 in the United States District Court for the Western District of Texas in Yondr, Inc. v. Be Smarter, LLC and James Guerra, No. 1:24-CV-01326- RP.

These and other scheduling conflicts respectfully necessitate this request for an

extension.

4. Bot Auto respectfully requests that the deadline for filing its Brief of

Appellee be extended thirty days, to April 23, 2025. This is Bot Auto’s first request

for an extension of time to file its Brief of Appellee and is not sought for the purpose

of delay.

5. Counsel for Appellant has advised that Appellant does not oppose this

requested extension.

APPELLEE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF Page 3 For these reasons, Appellee Bot Auto TX Inc. respectfully prays that the Court

extend the time to file its Appellee’s Brief to April 23, 2025.

Respectfully submitted,

By: /s/ Allison Allman Joseph A. Fischer, III, lead counsel tfischer@jw.com Texas Bar No. 00789292 Leisa Talbert Peschel lpeschel@jw.com Texas Bar No. 24060414 Victoria C. Emery temery@jw.com Texas Bar No. 24126228 Jackson Walker LLP 1401 McKinney, Suite 1900 Houston, TX 77010 Tel: (713) 752-4530 Fax: (713) 308-4130 – and – Allison Allman aallman@jw.com Texas Bar No. 24094023 777 Main Street, Suite 2100 Jackson Walker LLP Fort Worth, TX 76102 Tel: (817) 334-7200 Fax: (817) 334-7290

ATTORNEYS FOR APPELLEE BOT AUTO TX, INC.

APPELLEE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF Page 4 CERTIFICATE OF SERVICE

I hereby certify that on March 7, 2025, a true and correct copy of the foregoing document was served by electronic service on all counsel of record in accordance with the Texas Rules of Appellate Procedure.

/s/ Allison Allman Allison Allman

APPELLEE’S MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S 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.

Juana Sauceda on behalf of Joseph Fischer Bar No. 789292 jsauceda@jw.com Envelope ID: 98203636 Filing Code Description: Motion Filing Description: Appellee's Motion for Extension of Time to File Appellee's Brief Status as of 3/7/2025 1:35 PM CST

Associated Case Party: Bot Auto TX Inc.

Name BarNumber Email TimestampSubmitted Status

Nicole Burkholder nburkholder@jw.com 3/7/2025 1:17:45 PM SENT

Leisa Peschel 24060414 lpeschel@jw.com 3/7/2025 1:17:45 PM SENT

Alli Allman aallman@jw.com 3/7/2025 1:17:45 PM SENT

Joseph AFischer, III tfischer@jw.com 3/7/2025 1:17:45 PM SENT

Victoria Emery 24126228 temery@jw.com 3/7/2025 1:17:45 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Joseph Fischer 789292 tfischer@jw.com 3/7/2025 1:17:45 PM SENT

Juana Sauceda jsauceda@jw.com 3/7/2025 1:17:45 PM SENT

Richard Liu richard.liu@consultils.com 3/7/2025 1:17:45 PM SENT

Associated Case Party: TuSimple Holdings, Inc.

Name BarNumber Email TimestampSubmitted Status

Cliff PRiley criley@dykema.com 3/7/2025 1:17:45 PM SENT

Christopher Kratovil ckratovil@dykema.com 3/7/2025 1:17:45 PM SENT

Isaac Villarreal ivillarreal@dykema.com 3/7/2025 1:17:45 PM SENT 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.

Free access — add to your briefcase to read the full text and ask questions with AI