Misty Strauss v. Texas Department of Criminal Justice

Opinion

ACCEPTED

15-25-00079-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/1/2025 1:50 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. § 7/1/2025 1:50:23 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 respectfully requests this Court to extend her

deadline to file her brief until July 7, 2025 for the following reasons:

1. Appellant’s brief is due on June 26, 2025.

2. Appellant requests a one-week extension of this deadline; if

granted, her brief would be due July 7, 2025.

3. Appellant requests this relief because his undersigned counsel is

currently on a pre-planned vacation through July 7, 2025. In addition, prior

to and during this vacation, his undersigned counsel was required to

complete an 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. This case arose from a bifurcated two-week trial with a voluminous

record and multiple issues presented. The deadline on this brief could not be

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extended. Accordingly, Appellant respectfully submits that this short

extension is both reasonable is necessary so that Appellant can provide this

Court with comprehensive brief on the issues presented.

4. This Court has granted Appellant one thirty-day extension to

file her opening brief in this case.

5. Appellee’s counsel does not oppose this motion and Appellee

will not be prejudiced if it is granted.

6. 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

Certificate of Conference

On June 24, 2025, I conferenced with counsel for Appellee, Joseph McDuffie, via e-mail regarding the merits of this motion and he represented that he does not oppose the relief requested.

/s/ Matthew J. Kita Matthew J. Kita

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Certificate of Service

I certify that on July 1, 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: 102619671 Filing Code Description: Motion Filing Description: Appellants Motion for Extension of Time to File Appellants Brief Status as of 7/1/2025 6:59 AM CST

Associated Case Party: Misty Strauss

Name BarNumber Email TimestampSubmitted Status

Matthew JKita matt@mattkita.com 7/1/2025 1:50:23 AM SENT

Associated Case Party: Texas Department of Criminal Justice

Name BarNumber Email TimestampSubmitted Status

Joseph McDuffie Joseph.McDuffie@oag.texas.gov 7/1/2025 1:50:23 AM SENT