In Re Kimco Developers, Inc. KD Houston 1086A, Inc., Kimco Realty Services, Inc., and Kimco Realty Corporation v. the State of Texas

Opinion

ACCEPTED 15-25-00025-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/21/2025 11:34 AM No. 15-25-00025-CV CHRISTOPHER A. PRINE _______________ CLERK FILED IN IN THE 15th COURT OF APPEALS AUSTIN, TEXAS

Fifteenth Court of Appeals 4/21/2025 11:34:18 AM CHRISTOPHER A. PRINE Clerk _______________

In re Kimco Developers, Inc., KD Houston 1086A, Inc., Kimco Realty Services, Inc., and Kimco Realty Corporation, Relators, _______________

Original Proceeding from Business Court, Eleventh Division Cause No. 24-BC11A-0013 Honorable Sofia Adrogué _______________ Motion for Extension of Time to File Response to Petition for Writ of Mandamus _______________

Real-Party-in-Interest Cypress Towne Center, Ltd., individually and derivatively on behalf of Kimco 290 Houston II, L.P., files this motion for extension of time and respectfully request a 14-day extension until May 5, 2025, to file Real-Party’s Response to the Petition for Writ of Mandamus. A. Current Deadline

The current deadline to file Real-Party’s Response is April 21, 2025.

B. Extension Sought

Real-Party requests a 14-day extension of time until May 5, 2025, to file Real-Party’s Response.

C. Number of Previous Extensions Granted

None.

D. Facts Explaining the Needed Extension

Counsel for Real-Party has been substantially involved in the following matters, among others, that necessitate the filing of this motion:

• AZZ, Inc. v. Southeast Texas Industries, Inc.; No. 09-24- 00181-CV; In the Ninth District Court of Appeals. Counsel was responsible for drafting and filing Appellee’s Brief by April 14, 2025; and

• Hendrix v. Power Rental Solutions, LLC, No. 14-24-00489- CV; In the Fourteenth District Court of Appeals. Counsel is responsible for drafting and filing Appellee’s Brief by April 21, 2025.

Additional time will allow Real-Party to distill the issues more clearly and, in turn, make the Court’s job easier with respect to

2 analyzing the relevant issues in dispute. This motion is not filed for the purpose of delay.

E. Extension Is Not Opposed

Counsel for Relators expressed no opposition to the extension of time to file Real-Party’s Response, as requested in this motion.

PRAYER

Real-Party-in-Interest Cypress Towne Center, Ltd., individually and derivatively on behalf of Kimco 290 Houston II, L.P., respectfully requests that the Court grant this motion and extend the time for filing Real-Party’s Response to May 5, 2025, and to grant all other relief to which it may be entitled.

Respectfully submitted,

By: /s/ Andrew B. Bender Sharon McCally Texas Bar No. 13356100 smccally@andrewsmyers.com Andrew B. Bender Texas Bar No. 24084290 abender@andrewsmyers.com Hunter M. Barrow Texas Bar No. 24025240 hbarrow@andrewsmyers.com Emily W. Miller State Bar No. 24079527

3 emiller@andrewsmyers.com ANDREWS MYERS P.C. 1885 Saint James Place, 15th Floor Houston, Texas 77056 713.850.4200

CERTIFICATE OF SERVICE

A true and correct copy of this document was served on all

counsel of record via e-service on April 21, 2025.

/s/ Andrew B. Bender

4 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.

Pamela Lee on behalf of Andrew Bender Bar No. 24084290 plee@andrewsmyers.com Envelope ID: 99877510 Filing Code Description: Motion Filing Description: Motion for Extension of Time to File Response to Petition for Writ of Mandamus Status as of 4/21/2025 11:39 AM CST

Associated Case Party: Cypress Towne Center, Ltd., both individually and derivatively on behalf of Kimco 290 Houston II, L.P.

Name BarNumber Email TimestampSubmitted Status

Hunter Barrow 24025240 hbarrow@andrewsmyers.com 4/21/2025 11:34:18 AM SENT

Emily Miller 24079527 emiller@andrewsmyers.com 4/21/2025 11:34:18 AM SENT

Andrew Bender 24084290 abender@andrewsmyers.com 4/21/2025 11:34:18 AM SENT

Sharon McCally smccally@andrewsmyers.com 4/21/2025 11:34:18 AM SENT

Associated Case Party: Kimco Developers, Inc., KD Houston 1086A, Inc., Kimco Realty Services, Inc., and Kimco Realty Corporation

Name BarNumber Email TimestampSubmitted Status

Elizabeth G. "Heidi"Bloch blochh@gtlaw.com 4/21/2025 11:34:18 AM SENT

Stephanie Sanchez Stephanie.Sanchez@gtlaw.com 4/21/2025 11:34:18 AM SENT

Paul Stibbe paul.stibbe@gtlaw.com 4/21/2025 11:34:18 AM SENT

Roland Garcia garciar@gtlaw.com 4/21/2025 11:34:18 AM SENT

Associated Case Party: Hon. SofiaAdrogu??

Name BarNumber Email TimestampSubmitted Status

Hon. Sofia Adrogué BCDivision11A@txcourts.gov 4/21/2025 11:34:18 AM SENT