Misty Strauss v. Texas Department of Criminal Justice
Opinion
ACCEPTED
15-25-00079-CV
FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 10/6/2025 9:41 PM
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. § 10/6/2025 9:41:37 PM § CHRISTOPHER A. PRINE Fifteenth DistrictClerk
Texas Department of Criminal § Justice §
Appellant’s Unopposed Motion to Extend Time to File Reply Brief
Appellant Misty Strauss respectfully requests this Court to extend his
deadline to file her reply brief until October 13, 2025 for the following
reasons:
1. Appellant’s reply brief is due September 6, 2025.
2. Appellant requests a 7-day extension of this deadline; she has
been granted two previously extensions to file her opening brief; one for 30
days and one for 7 days; and one 20-day extension to file her reply brief.
3. Appellee seeks this relief because his undersigned counsel
began trial this morning, October 6, 2025, in Amiri v. Syed & Syed Ventures
LLC, which is pending in Dallas County Court at Law No. 4 as Cause No.
CC-20-04875-D. In addition, Appellant’s undersigned counsel has also been
responsible for the following over the past 14 days:
¾ September 19, 2025: Opposition to motion for summary judgment due in Doe v. Los Angeles Unified School District, which is pending in California’s Superior Court for Los Angeles County as Case No. 22STCV36900;
¾ September 22, 2025: Reply brief due in Harcourt v. Tesla, Inc., which is pending in California’s Sixth District Court of Appeal as Case No. H052308;
¾ September 29, 2025: Responses to four pre-trial motions due in Forrest v. Lucas Construction Co., which is pending in the 122nd District Court of Galveston County, Texas as Cause No. 23- CV-1475 (with hearing on October 1, 2025);
¾ October 2, 2026: Rescheduled summary-judgment hearing in In re The MV Rebekah, which is pending in the United States District Court for the Western District of Washington as Case No. 2:24-cv-237;
¾ October 3, 2025: Post-hearing brief due in Morales v. Extra Space Management, Inc., which is pending in private arbitration with Mark Gilbert in Dallas, Texas.
4. Appellee’s counsel does not oppose this motion and Appellee
will not be prejudiced if it is granted.
5. 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
Certificate of Conference
On October 6, 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
Certificate of Service
I certify that on October 6, 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: 106517641 Filing Code Description: Motion Filing Description: Appellants Unopposed Motion to Extend Time to File Reply Brief Status as of 10/7/2025 7:04 AM CST
Associated Case Party: Misty Strauss
Name BarNumber Email TimestampSubmitted Status
Matthew JKita matt@mattkita.com 10/6/2025 9:41:37 PM SENT
Associated Case Party: Texas Department of Criminal Justice
Name BarNumber Email TimestampSubmitted Status
Joseph McDuffie Joseph.McDuffie@oag.texas.gov 10/6/2025 9:41:37 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Gloriana Ojeda gloriana.ojeda@oag.texas.gov 10/6/2025 9:41:37 PM SENT
Courtney Sawhill courtney.sawhill@oag.texas.gov 10/6/2025 9:41:37 PM SENT
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