Misty Strauss v. Texas Department of Criminal Justice

Opinion

ACCEPTED

15-25-00079-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/4/2025 4:24 PM

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

In the FILED IN 15th COURT OF APPEALS

AUSTIN, TEXAS

Fifteenth Court of Appeals of Texas 8/4/2025 4:24:40 PM CHRISTOPHER A. PRINE

at Austin Clerk

Misty Strauss,

Plaintiff-Appellant, v.

Texas Department of Criminal Justice, Defendant-Appellee.

On Appeal from an Order of Dismissal 12th Judicial District Court, Walker County, Texas Cause No. 2330794

Hon. David Moorman, Presiding

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF

KEN PAXTON SHANNA E. MOLINARE Attorney General of Texas Assistant Attorney General Chief, Law Enforcement

BRENT WEBSTER Defense Division

First Assistant Attorney General JOSEPH P. MCDUFFIE*

RALPH MOLINA Assistant Attorney General Deputy First Assistant Attorney P.O. Box 12548, Capitol Station General Austin, Texas 78701

AUSTIN KINGHORN (512) 936-2080 Deputy Attorney General for joseph.mcduffie@oag.texas.gov Civil Litigation *Counsel of Record

COUNSEL FOR DEFENDANT-APPELLEE

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME

Appellee, the Texas Department of Criminal Justice, respectfully

requests this Court to extend their deadline to file Appellee’s principal

brief until Wednesday, August 20, 2025. In support thereof, Appellee

offers the following:

Appellee’s principal brief is currently due on August 6, 2025.

Appellant requests a two-week extension of this deadline. If granted,

Appellee’s brief would be due on Wednesday, August 20, 2025. Appellee

requests this extension because undersigned counsel has been occupied

by other, similarly important cases in which undersigned counsel was

required to draft dispositive motions, including Velazquez v. Osari, et

al., Civil Action No. 4:25-CV-01148 (S.D. Tex.—Houston), Keaton v.

Njoroge, et al., Civil Action No. H-23-4705 (S.D. Tex.—Houston), and

Winningham v. Phillips, et al., Appeal No. 25-210360 (5th Cir.).

Appellant Misty Strauss has previously been granted two

extensions of time without opposition. Appellant does not oppose this

motion and will not be prejudiced if it is granted. This motion is not

sought for purposes of delay, but in the interests of justice.

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Respectfully Submitted,

/s/ Joseph P. McDuffie_____ JOSEPH P. MCDUFFIE Assistant Attorney General Texas Bar No. 24143720

Law Enforcement Defense Division Office of the Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 joseph.mcduffie@oag.texas.gov (512) 463-2080 (Phone No.) (512) 370-9814 (Fax No.)

COUNSEL FOR APPELLEE

CERTIFICATE OF CONFERENCE

I, JOSEPH P. MCDUFFIE, certify that on August 4, 2025, I

conferred with counsel for Appellant, Mr. Matt Kita, via e-mail, and

that Appellant’s counsel is not opposed to this motion or the relief

requested.

/s/ Joseph P. McDuffie_____ JOSEPH P. MCDUFFIE Assistant Attorney General

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CERTIFICATE OF SERVICE

I, Joseph P. McDuffie, Assistant Attorney General of Texas, do

hereby certify that pursuant to Texas Rule of Appellate Procedure 9.5

and the Court’s Local Rules a true and correct copy of the foregoing was

served on August 4, 2025, via e-filing, as follows:

Matthew J. Kita Texas Bar No. 24050833 3110 Webb Avenue, Suite 150 Dallas, Texas 75205 (214) 699-1863 matt@mattkita.com

COUNSEL FOR APPELLANT

/s/ Joseph P. McDuffie_____ JOSEPH P. MCDUFFIE Assistant Attorney General

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.

Gloriana Ojeda on behalf of Joseph McDuffie Bar No. 24143720 gloriana.ojeda@oag.texas.gov Envelope ID: 103955112 Filing Code Description: Motion Filing Description: 08042025 Motion for Extension of Time Status as of 8/4/2025 4:36 PM CST

Associated Case Party: Misty Strauss

Name BarNumber Email TimestampSubmitted Status

Matthew JKita matt@mattkita.com 8/4/2025 4:24:40 PM SENT

Associated Case Party: Texas Department of Criminal Justice

Name BarNumber Email TimestampSubmitted Status

Joseph McDuffie Joseph.McDuffie@oag.texas.gov 8/4/2025 4:24:40 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Courtney Sawhill courtney.sawhill@oag.texas.gov 8/4/2025 4:24:40 PM SENT

Gloriana Ojeda gloriana.ojeda@oag.texas.gov 8/4/2025 4:24:40 PM SENT