Crowley Independent School District v. Carl Stoneham, and Mike Morath, in His Official Capacity as Commissioner of Education of Texas

Court of Appeals of Texas

Crowley Independent School District v. Carl Stoneham, and Mike Morath, in His Official Capacity as Commissioner of Education of Texas

DecidedJanuary 16, 2025

Docket15-24-00051-CV

StatusPublished

This text of Crowley Independent School District v. Carl Stoneham, and Mike Morath, in His Official Capacity as Commissioner of Education of Texas (Crowley Independent School District v. Carl Stoneham, and Mike Morath, in His Official Capacity as Commissioner of Education of Texas) 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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Crowley Independent School District v. Carl Stoneham, and Mike Morath, in His Official Capacity as Commissioner of Education of Texas, (Tex. Ct. App. 2025).

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Opinion

ACCEPTED 15-24-00051-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/16/2025 10:58 AM Case No. 15-24-00051-CV CHRISTOPHER A. PRINE CLERK

In the Fifteenth Court of Appeals of Texas FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 1/16/2025 10:58:04 AM CROWLEY INDEPENDENT SCHOOL DISTRICT, CHRISTOPHER A. PRINE Appellant, Clerk

v.

CARL STONEHAM AND MIKE MORATH, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF EDUCATION OF TEXAS, Appellees.

On Appeal from the 48th District Court of Tarrant County, Texas The Honorable Chris Taylor, Presiding

APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION’S MOTION TO EXTEND TIME TO RESPOND TO CROWLEY ISD’S MOTION FOR REHEARING

The Texas Commissioner of Education asks the Court to extend

time to file the response to Crowley Independent School District’s motion

for rehearing.

Introduction

1. Appellant is Crowley Independent School District.

2. Appellees are Mr. Carl Stoneham, a teacher, and Mike Morath, the

Texas Commissioner of Education.

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 1 of 5 3. There is no specific deadline in the Texas Rules of Appellate

Procedure to file a motion to extend time for a response to a motion for

rehearing. The deadline to respond set by the Court was January 16,

2025.

4. Counsel for Carl Stoneham and Crowley ISD are both unopposed to

this motion.

Argument & Authorities

5. The Court may grant an extension in time under Texas Rule of

Appellate Procedure Rule 10.5(b).

6. Crowley ISD filed its motion for rehearing on December 27, 2024.

By letter on January 2, 2025, the Court requested the Commissioner’s

response by January 16, 2025.

7. The Court granted Crowley ISD one motion to extend the time to

file the motion for rehearing. The Court has not granted any motions to

extend time for a response.

8. The Commissioner needs more time to adequately address the

complex issues surrounding sovereign immunity raised in Crowley ISD’s

motion. The Commissioner has an interest in both protecting the

sovereign immunity of school districts in Texas and in ensuring Texas

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 2 of 5 teachers have a clear forum in which to seek a decision about the

teacher’s rights.

9. The Commissioner requests an additional seven business days to

file his brief, extending the due date to January 28, 2025.

Conclusion & Prayer

10. The Commissioner requests more time to adequately address the

sovereign immunity issues raised by Crowley ISD. For this reason, the

Commissioner requests an extension in time to respond until January

28, 2025.

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 3 of 5 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

Martin Cohick State Bar No. 24134042 Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL OF TEXAS Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1317 martin.cohick@oag.texas.gov

ATTORNEYS FOR APPELLEE MIKE MORATH, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF EDUCATION OF TEXAS

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 4 of 5 CERTIFICATE OF CONFERENCE

I certify that on January 16, 2025, by email and telephone, I received confirmation from the attorneys for Crowley Independent School District and Mr. Carl Stoneham that they are unopposed to this motion.

Martin Cohick Assistant Attorney General

CERTIFICATE OF SERVICE

I certify that on January 16, 2025, a true and correct copy of the above and forgoing document has been served to the following party of record via electronic service and/or electronic mail:

David J. Campbell Giana Ortiz State Bar No. 24057033 State Bar No. 15323100 O’Hanlon, Demerath & Castillo Daniel A. Ortiz 808 West Avenue State Bar No. 24053824 Austin, Texas 78701 The Ortiz Law Firm Tel: (512) 494-9949 1304 West Abram St., Ste 100 dcampbell@808west.com Arlington, Texas 76013 Tel: (817) 861-7984 ATTORNEY FOR APPELLANT gortiz@ortizlawtx.com CROWLEY ISD dortiz@ortizlawtx.com

ATTORNEYS FOR APPELLEE, CARL STONEHAM

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 5 of 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.

Jennifer Foster on behalf of Martin Cohick Bar No. 24134042 jennifer.foster@oag.texas.gov Envelope ID: 96297090 Filing Code Description: Motion Filing Description: Motion to Extend Time Status as of 1/16/2025 11:27 AM CST

Associated Case Party: Crowley Independent School District

Name BarNumber Email TimestampSubmitted Status

David Campbell dcampbell@808west.com 1/16/2025 10:58:04 AM SENT

Kathryn French kfrench@808west.com 1/16/2025 10:58:04 AM SENT

Associated Case Party: Mike Morath

Meridith Fischer Meridith.Fischer@oag.texas.gov 1/16/2025 10:58:04 AM SENT

Elizabeth Chipelo elizabeth.chipelo@oag.texas.gov 1/16/2025 10:58:04 AM SENT

James Z.Brazell james.brazell@oag.texas.gov 1/16/2025 10:58:04 AM SENT

Martin Cohick Martin.cohick@oag.texas.gov 1/16/2025 10:58:04 AM SENT

Associated Case Party: Carl Stoneham

Daniel Ortiz dortiz@ortizlawtx.com 1/16/2025 10:58:04 AM SENT

Giana Ortiz gortiz@ortizlawtx.com 1/16/2025 10:58:04 AM SENT

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ACCEPTED 15-24-00051-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/16/2025 10:58 AM Case No. 15-24-00051-CV CHRISTOPHER A. PRINE CLERK

In the Fifteenth Court of Appeals of Texas FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 1/16/2025 10:58:04 AM CROWLEY INDEPENDENT SCHOOL DISTRICT, CHRISTOPHER A. PRINE Appellant, Clerk

v.

CARL STONEHAM AND MIKE MORATH, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF EDUCATION OF TEXAS, Appellees.

On Appeal from the 48th District Court of Tarrant County, Texas The Honorable Chris Taylor, Presiding

APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION’S MOTION TO EXTEND TIME TO RESPOND TO CROWLEY ISD’S MOTION FOR REHEARING

The Texas Commissioner of Education asks the Court to extend

time to file the response to Crowley Independent School District’s motion

for rehearing.

Introduction

1. Appellant is Crowley Independent School District.

2. Appellees are Mr. Carl Stoneham, a teacher, and Mike Morath, the

Texas Commissioner of Education.

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 1 of 5 3. There is no specific deadline in the Texas Rules of Appellate

Procedure to file a motion to extend time for a response to a motion for

rehearing. The deadline to respond set by the Court was January 16,

2025.

4. Counsel for Carl Stoneham and Crowley ISD are both unopposed to

this motion.

Argument & Authorities

5. The Court may grant an extension in time under Texas Rule of

Appellate Procedure Rule 10.5(b).

6. Crowley ISD filed its motion for rehearing on December 27, 2024.

By letter on January 2, 2025, the Court requested the Commissioner’s

response by January 16, 2025.

7. The Court granted Crowley ISD one motion to extend the time to

file the motion for rehearing. The Court has not granted any motions to

extend time for a response.

8. The Commissioner needs more time to adequately address the

complex issues surrounding sovereign immunity raised in Crowley ISD’s

motion. The Commissioner has an interest in both protecting the

sovereign immunity of school districts in Texas and in ensuring Texas

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 2 of 5 teachers have a clear forum in which to seek a decision about the

teacher’s rights.

9. The Commissioner requests an additional seven business days to

file his brief, extending the due date to January 28, 2025.

Conclusion & Prayer

10. The Commissioner requests more time to adequately address the

sovereign immunity issues raised by Crowley ISD. For this reason, the

Commissioner requests an extension in time to respond until January

28, 2025.

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 3 of 5 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

Martin Cohick State Bar No. 24134042 Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL OF TEXAS Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1317 martin.cohick@oag.texas.gov

ATTORNEYS FOR APPELLEE MIKE MORATH, IN HIS OFFICIAL CAPACITY AS COMMISSIONER OF EDUCATION OF TEXAS

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 4 of 5 CERTIFICATE OF CONFERENCE

I certify that on January 16, 2025, by email and telephone, I received confirmation from the attorneys for Crowley Independent School District and Mr. Carl Stoneham that they are unopposed to this motion.

Martin Cohick Assistant Attorney General

CERTIFICATE OF SERVICE

I certify that on January 16, 2025, a true and correct copy of the above and forgoing document has been served to the following party of record via electronic service and/or electronic mail:

David J. Campbell Giana Ortiz State Bar No. 24057033 State Bar No. 15323100 O’Hanlon, Demerath & Castillo Daniel A. Ortiz 808 West Avenue State Bar No. 24053824 Austin, Texas 78701 The Ortiz Law Firm Tel: (512) 494-9949 1304 West Abram St., Ste 100 dcampbell@808west.com Arlington, Texas 76013 Tel: (817) 861-7984 ATTORNEY FOR APPELLANT gortiz@ortizlawtx.com CROWLEY ISD dortiz@ortizlawtx.com

ATTORNEYS FOR APPELLEE, CARL STONEHAM

MOTION TO EXTEND TIME TO RESPOND | APPELLEE MIKE MORATH, TEXAS COMMISSIONER OF EDUCATION Case No. 15-24-00051-CV Page 5 of 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.

Jennifer Foster on behalf of Martin Cohick Bar No. 24134042 jennifer.foster@oag.texas.gov Envelope ID: 96297090 Filing Code Description: Motion Filing Description: Motion to Extend Time Status as of 1/16/2025 11:27 AM CST

Associated Case Party: Crowley Independent School District

Name BarNumber Email TimestampSubmitted Status

David Campbell dcampbell@808west.com 1/16/2025 10:58:04 AM SENT

Kathryn French kfrench@808west.com 1/16/2025 10:58:04 AM SENT

Associated Case Party: Mike Morath

Meridith Fischer Meridith.Fischer@oag.texas.gov 1/16/2025 10:58:04 AM SENT

Elizabeth Chipelo elizabeth.chipelo@oag.texas.gov 1/16/2025 10:58:04 AM SENT

James Z.Brazell james.brazell@oag.texas.gov 1/16/2025 10:58:04 AM SENT

Martin Cohick Martin.cohick@oag.texas.gov 1/16/2025 10:58:04 AM SENT

Associated Case Party: Carl Stoneham

Daniel Ortiz dortiz@ortizlawtx.com 1/16/2025 10:58:04 AM SENT

Giana Ortiz gortiz@ortizlawtx.com 1/16/2025 10:58:04 AM SENT

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Crowley Independent School District v. Carl Stoneham, and Mike Morath, in His Official Capacity as Commissioner of Education of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowley-independent-school-district-v-carl-stoneham-and-mike-morath-in-texapp-2025.