Glenn Hegar, Comptroller of Public Accounts of the State of Texas and Ken Paxton, Attorney General of the State of Texas v. American Airlines, Inc.

Court of Appeals of Texas·Decided February 20, 2025·No. 15-24-00113-CV·Published

Opinion

ACCEPTED 15-24-00113-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/20/2025 3:53 PM Cause No. 15-24-00113-CV CHRISTOPHER A. PRINE CLERK In the Court of Appeals FILED IN 15th COURT OF APPEALS for the Fifteenth District of Texas AUSTIN, TEXAS 2/20/2025 3:53:34 PM Glen Hegar, Comptroller of Public Accounts of TheA. PRINE CHRISTOPHER Clerk State of Texas and Ken Paxton, Attorney General of The State of Texas, Appellants, v.

American Airlines, Inc., Appellee.

Appellee’s Unopposed Motion to Extend Time to File Response Brief

Mary A. McNulty State Bar No. 13839680 Mary.McNulty@hklaw.com Leonora Meyercord State Bar No. 24074711 Lee.Meyercord@hklaw.com J. Meghan McCaig State Bar No. 24070083 Meghan.McCaig@hklaw.com Richard B. Phillips, Jr. State Bar No. 24032833 Rich.Phillips@hklaw.com Holland & Knight LLP 1722 Routh Street, Suite 1500 Dallas, Texas 75201 214-964-9500 Fax: 214-964-9501

Counsel for Appellee

To the Honorable Court of Appeals:

1. Under Texas Rules of Appellate Procedure 2, 10.5(b), and 38.6(d), Appellee

American Airlines, Inc. respectfully requests a 30-day extension of time to file its

response brief.

2. This is an appeal of a final judgment following a bench trial. After obtaining

a 30-day extension, the appellant filed his opening brief on February 5, 2025.

Appellee’s response brief is therefore currently due on Friday, March 7, 2025. The

requested extension would make the brief due on Monday, April 7, 2025. 1 This is

Appellee’s first request for an extension of time to file its response brief.

3. Counsel for the Appellant has stated that the Appellant is not opposed to

the requested extension.

4. Appellee requests this extension for two primary reasons. First, J. Meghan

McCaig, who tried the case in the trial court, will be leaving Holland & Knight LLP

and will not be available to assist with the appellate briefing. 2 Richard B. Phillips, Jr.,

who will have primary responsibility for drafting the response brief, will need

additional time to get up to speed on the record and the issues in this case.

1 Because the 30th day from March 7, 2025 falls on Sunday, April 6, the deadline would be automatically extended to Monday, April 7. See Tex. R. App. P. 4.1(a).

2 A motion from Ms. McCaig to withdraw as counsel is forthcoming.

Appellees’ Unopposed Motion to Extend Time to File

5. Second, Appellee’s counsel has been and will be occupied with other

matters that will prevent them from preparing the brief for filing by the current due

date. Specifically, counsel has been and will be occupied with the following matters,

among others:

(a) preparing for and presenting oral argument on February 6, 2025, in No. 24-

60240, Sirius Solutions, LLLP v. Commissioner, pending in the United States Court of Appeals for the Fifth Circuit;

(b) assisting with post-trial proceedings in No. 2:21-cv-03955-MMB, Cockerill, et al. v. Corteva, Inc., pending in the United States District Court for the Eastern District of Pennsylvania;

05928, Daniels, et al. v. Yummy Transport, LLC, et al., pending in the 116th District Court, Dallas County, Texas;

(d) assisting with post-trial briefing and preparing for the appeal in No. 17564-

PC, In re Estate of Kling and No. 489-G, In re Guardianship of Kling, pending in the County Court at Law No. 1, Brazos County, Texas;

(e) preparing expert disclosures due on February 21, 2025, in No. 3:22-cv-515-

N, Exxon Mobil Corporation v. United States, pending in the United States District Court for the Northern District of Texas;

(f) preparing responses to and preparing for a hearing held on February 17, 2025, in No. 2020-0295-E, In re Estate of Long, pending in County Court at Law No. 2, Gregg County, Texas;

(g) preparing the appellants’ reply brief filed on February 18, 2025, in No. 06-

24-00064-CV, In re Estate of Long, pending in the Court of Appeals for the Sixth District of Texas at Texarkana; and

(h) preparing for oral argument scheduled for March 6, 2025, in No. 12-24-

00247-CV, Southern Cornerstone, Inc. v. Crown Colony Improvement

Appellee’s Unopposed Motion to Extend Time to File

Association, Inc., pending in the Court of Appeals for the Twelfth District of Texas at Tyler.

6. Additionally, Mr. Phillips is scheduled to be out of the office on March 7,

2025, to attend a meeting of the Texas Supreme Court Advisory Committee.

Wherefore, the Appellee respectfully request that the Court extend the deadline

for its response brief to Monday, April 7, 2025. Appellee further requests general

relief.

Appellee’s Unopposed Motion to Extend Time to File

Dated: February 20, 2025

Respectfully submitted,

Holland & Knight LLP

By: /s/ Richard B. Phillips, Jr.

Mary A. McNulty State Bar No. 13839680 Mary.McNulty@hklaw.com Leonora Meyercord State Bar No. 24074711 Lee.Meyercord@hklaw.com J. Meghan McCaig State Bar No. 24070083 Meghan.McCaig@hklaw.com Richard B. Phillips, Jr. State Bar No. 24032833 Rich.Phillips@hklaw.com One Arts Plaza 1722 Routh Street, Suite 1500 Dallas, Texas 75201 214-964-9500 Fax: 214-964-9501

Counsel for Appellee

Appellee’s Unopposed Motion to Extend Time to File

Certificate of Conference

On February 18, 2025, I discussed this motion with Deborah Rao, counsel for Appellant by email. Ms. Rao indicated that Appellant is not opposed to the requested extension.

/s/ Richard B. Phillips, Jr. Richard B. Phillips, Jr.

Appellee’s Unopposed Motion to Extend Time to File

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.

Richard Phillips on behalf of Richard Phillips Jr. Bar No. 24032833 Rich.Phillips@hklaw.com Envelope ID: 97617570 Filing Code Description: Motion Filing Description: Appellee's Unopposed Motion to Extend Time to File Response Brief Status as of 2/20/2025 4:01 PM CST

Associated Case Party: GLENN HEGAR COMPTROLLER

Name BarNumber Email TimestampSubmitted Status

Ray Langenberg 11911200 ray.langenberg@cpa.texas.gov 2/20/2025 3:53:34 PM SENT

Kyle PierceCounce kyle.counce@oag.texas.gov 2/20/2025 3:53:34 PM SENT

Deborah Rao Deborah.Rao@oag.texas.gov 2/20/2025 3:53:34 PM SENT

Alyson “Ally” Thompson ally.thompson@oag.texas.gov 2/20/2025 3:53:34 PM SENT

Associated Case Party: AMERICAN AIRLINES, INC

Name BarNumber Email TimestampSubmitted Status

Richard Phillips 24032833 Rich.Phillips@hklaw.com 2/20/2025 3:53:34 PM SENT

Leonora Meyercord 24074711 Lee.Meyercord@hklaw.com 2/20/2025 3:53:34 PM SENT

Mary McNulty 13839680 Mary.McNulty@hklaw.com 2/20/2025 3:53:34 PM SENT

Meghan McCaig meghan.mccaig@hklaw.com 2/20/2025 3:53:34 PM SENT

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American Airlines, Inc., Appellee.

Appellee’s Unopposed Motion to Extend Time to File Response Brief

Counsel for Appellee

To the Honorable Court of Appeals:

1. Under Texas Rules of Appellate Procedure 2, 10.5(b), and 38.6(d), Appellee

American Airlines, Inc. respectfully requests a 30-day extension of time to file its

response brief.

2. This is an appeal of a final judgment following a bench trial. After obtaining

a 30-day extension, the appellant filed his opening brief on February 5, 2025.

Appellee’s response brief is therefore currently due on Friday, March 7, 2025. The

requested extension would make the brief due on Monday, April 7, 2025. 1 This is

Appellee’s first request for an extension of time to file its response brief.

3. Counsel for the Appellant has stated that the Appellant is not opposed to

the requested extension.

4. Appellee requests this extension for two primary reasons. First, J. Meghan

McCaig, who tried the case in the trial court, will be leaving Holland & Knight LLP

and will not be available to assist with the appellate briefing. 2 Richard B. Phillips, Jr.,

who will have primary responsibility for drafting the response brief, will need

additional time to get up to speed on the record and the issues in this case.

1 Because the 30th day from March 7, 2025 falls on Sunday, April 6, the deadline would be automatically extended to Monday, April 7. See Tex. R. App. P. 4.1(a).

2 A motion from Ms. McCaig to withdraw as counsel is forthcoming.

Appellees’ Unopposed Motion to Extend Time to File

5. Second, Appellee’s counsel has been and will be occupied with other

matters that will prevent them from preparing the brief for filing by the current due

date. Specifically, counsel has been and will be occupied with the following matters,

among others:

(a) preparing for and presenting oral argument on February 6, 2025, in No. 24-

60240, Sirius Solutions, LLLP v. Commissioner, pending in the United States Court of Appeals for the Fifth Circuit;

(b) assisting with post-trial proceedings in No. 2:21-cv-03955-MMB, Cockerill, et al. v. Corteva, Inc., pending in the United States District Court for the Eastern District of Pennsylvania;

05928, Daniels, et al. v. Yummy Transport, LLC, et al., pending in the 116th District Court, Dallas County, Texas;

(d) assisting with post-trial briefing and preparing for the appeal in No. 17564-

PC, In re Estate of Kling and No. 489-G, In re Guardianship of Kling, pending in the County Court at Law No. 1, Brazos County, Texas;

(e) preparing expert disclosures due on February 21, 2025, in No. 3:22-cv-515-

N, Exxon Mobil Corporation v. United States, pending in the United States District Court for the Northern District of Texas;

(f) preparing responses to and preparing for a hearing held on February 17, 2025, in No. 2020-0295-E, In re Estate of Long, pending in County Court at Law No. 2, Gregg County, Texas;

(g) preparing the appellants’ reply brief filed on February 18, 2025, in No. 06-

24-00064-CV, In re Estate of Long, pending in the Court of Appeals for the Sixth District of Texas at Texarkana; and

(h) preparing for oral argument scheduled for March 6, 2025, in No. 12-24-

00247-CV, Southern Cornerstone, Inc. v. Crown Colony Improvement

Appellee’s Unopposed Motion to Extend Time to File

Association, Inc., pending in the Court of Appeals for the Twelfth District of Texas at Tyler.

6. Additionally, Mr. Phillips is scheduled to be out of the office on March 7,

2025, to attend a meeting of the Texas Supreme Court Advisory Committee.

Wherefore, the Appellee respectfully request that the Court extend the deadline

for its response brief to Monday, April 7, 2025. Appellee further requests general

relief.

Appellee’s Unopposed Motion to Extend Time to File

Dated: February 20, 2025

Respectfully submitted,

Holland & Knight LLP

By: /s/ Richard B. Phillips, Jr.

Mary A. McNulty State Bar No. 13839680 Mary.McNulty@hklaw.com Leonora Meyercord State Bar No. 24074711 Lee.Meyercord@hklaw.com J. Meghan McCaig State Bar No. 24070083 Meghan.McCaig@hklaw.com Richard B. Phillips, Jr. State Bar No. 24032833 Rich.Phillips@hklaw.com One Arts Plaza 1722 Routh Street, Suite 1500 Dallas, Texas 75201 214-964-9500 Fax: 214-964-9501

Counsel for Appellee

Appellee’s Unopposed Motion to Extend Time to File

Certificate of Conference

On February 18, 2025, I discussed this motion with Deborah Rao, counsel for Appellant by email. Ms. Rao indicated that Appellant is not opposed to the requested extension.

/s/ Richard B. Phillips, Jr. Richard B. Phillips, Jr.

Appellee’s Unopposed Motion to Extend Time to File

Associated Case Party: GLENN HEGAR COMPTROLLER

Name BarNumber Email TimestampSubmitted Status

Ray Langenberg 11911200 ray.langenberg@cpa.texas.gov 2/20/2025 3:53:34 PM SENT

Kyle PierceCounce kyle.counce@oag.texas.gov 2/20/2025 3:53:34 PM SENT

Deborah Rao Deborah.Rao@oag.texas.gov 2/20/2025 3:53:34 PM SENT

Alyson “Ally” Thompson ally.thompson@oag.texas.gov 2/20/2025 3:53:34 PM SENT

Associated Case Party: AMERICAN AIRLINES, INC

Name BarNumber Email TimestampSubmitted Status

Richard Phillips 24032833 Rich.Phillips@hklaw.com 2/20/2025 3:53:34 PM SENT

Leonora Meyercord 24074711 Lee.Meyercord@hklaw.com 2/20/2025 3:53:34 PM SENT

Mary McNulty 13839680 Mary.McNulty@hklaw.com 2/20/2025 3:53:34 PM SENT

Meghan McCaig meghan.mccaig@hklaw.com 2/20/2025 3:53:34 PM SENT

Glenn Hegar, Comptroller of Public Accounts of the State of Texas and Ken Paxton, Attorney General of the State of Texas v. American Airlines, Inc., (Tex. Ct. App. 2025).

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Glenn Hegar, Comptroller of Public Accounts of the State of Texas and Ken Paxton, Attorney General of the State of Texas v. American Airlines, Inc. (Glenn Hegar, Comptroller of Public Accounts of the State of Texas and Ken Paxton, Attorney General of the State of Texas v. American Airlines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.