Misty Strauss v. Texas Department of Criminal Justice

Opinion

ACCEPTED

15-25-00079-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/28/2025 10:08 AM

Case No. 15-25-00079-CV CHRISTOPHER A. PRINE CLERK

Misty Strauss § FILED IN 15th COURT OF APPEALS

§ AUSTIN, TEXAS Court of Appeals of Texas v. § 5/28/2025 10:08:36 AM § CHRISTOPHER A. PRINE Fifteenth DistrictClerk

Texas Department of Criminal § Justice §

Appellant’s Motion for Extension of Time to File Appellant’s Brief

Appellant Misty Strauss files this motion for extension of time to file

her opening brief and would respectfully show this Court the following:

1. Appellant’s opening brief is due May 28, 2025.

2. Appellant requests a 30-day extension of this deadline.

3. If granted, the response would be due June 27, 2025.

4. Appellant seeks this extension because her undersigned counsel

has been obligated with the following during the 30-days since filing the

notice of intent to use an appendix on April 22, 2025:

¾ Appellants’ Opening Brief in Salazar v. First Alarm Security & Patrol, Inc., which is pending in California’s Sixth District Court of Appeal as Case No. H052308l

¾ Amicus Brief in Crane v. Liberty Lane LLC, which is pending in the United States Court of Appeals for the Fifth Circuit as Case No. 25-40012;

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¾ Cross-Petition for Review in Baylor Scott & White Health v. Bostick, which is pending in this Court as Case No. 25- 0242;

¾ Response to Motion for En Banc Reconsideration in In re State Farm Mutual Automobile Association, which is pending in Texas’s Thirteenth Court of Appeals as Case No. 13-24-00162-CV;

¾ Appellant’s Opening Brief in Perez v. City of Los Angeles, which is pending in California’s Second District Court of Appeal as Case No. B334863

5. This is Appellant’s first request for an extension to file this

response.

6. Counsel for Appellee does not oppose this motion and will not

suffer any prejudice as a result.

7. This motion is not made for purposes of delay.

Respectfully submitted,

/s/ Matthew J. Kita Matthew J. Kita Texas Bar No. 24050883 3110 Webb Avenue, Suite 150 Dallas, Texas 75205 (214) 699-1863 matt@mattkita.com

Counsel for Appellant

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Certificate of Conference

I certify that on May 28, 2025, I conferred with Joseph McDuffie, counsel for Appellee, regarding the merits of this motion and he confirmed that he is unopposed to the requested relief.

/s/ Matthew J. Kita Matthew J. Kita

Certificate of Service

I certify that on May 28, 2025, I served a copy of this notice on the following counsel of record via e-filing in accordance with Texas Rule of Appellate Procedure 9.5 and this Court’s local rules:

Counsel for Appellee:

Joseph McDuffie

/s/ Matthew J. Kita Matthew J. Kita

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.

Matthew Kita on behalf of Matthew Kita Bar No. 24050883 matt@mattkita.com Envelope ID: 101315608 Filing Code Description: Motion Filing Description: Appellants Motion for Extension of Time to File Appellants Brief Status as of 5/28/2025 10:27 AM CST

Associated Case Party: Texas Department of Criminal Justice

Name BarNumber Email TimestampSubmitted Status

Joseph McDuffie Joseph.McDuffie@oag.texas.gov 5/28/2025 10:08:36 AM SENT