Home/Court of Appeals of Texas/PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc.

PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc.

Court of Appeals of Texas·Decided February 5, 2025·No. 15-24-00088-CV·Published

Opinion

ACCEPTED

15-24-00088-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/5/2025 3:39 PM

No. 15-24-00088-CV CHRISTOPHER A. PRINE CLERK

FILED IN

In the Fifteenth Court of Appeals 15th AUSTIN, COURT OF APPEALS

TEXAS

2/5/2025 3:39:54 PM

PLS Check Cashers of Texas, inc.// Bobby Wilkinson, in his Official CHRISTOPHER A. PRINE

Capacity as Executive Director of the Texas Department of Clerk

Housing and Community Affairs, Appellant// Cross-Appellant, v.

Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in his Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// PLS Check Cashers of Texas, inc. Appellees// Cross-Appellee.

On Appeal from the

201st Judicial District Court, Travis County

SECOND JOINT MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEFS

Pursuant to Rules 10.5(b) and 38.6(a)(2) of the Texas Rules of

Appellate Procedure, the parties, Appellant/ Cross-Appellee, PLS Check

Cashers of Texas, Inc. (“Appellant”) and Cross-Appellant/Appellee,

Bobby Wilkinson, in his official capacity as Executive Director of the

Texas Department of Housing and Community Affairs

(“TDHCA”)(“Cross-Appellant”) respectfully seek an extension of 10 days

to file their Reply Briefs, through and until February 18, 2025.

Appellant’s and Cross-Appellant’s are currently due February 5,

2025. The parties jointly request this extension primarily because

counsel have been unable to devote adequate time to this matter. Counsel

for PLS Check Cashers, Inc. had a January 23, 2025 hearing set in

Blackswan Steel, LLC v. New Age Drywall, LLC, Cause No. 24-CV-1023,

in the 212th District Court, Galveston County, Texas. In addition,

counsel was responsible for preparing and filing a Reply Brief on January

27, 2025, in CEMEX Construction Materials South, LLC v. Tejas Avco,

Inc., Cause No. 14-24-00268-CV, in the Fourteenth Court of Appeals at

Houston. In addition, the undersigned counsel is responsible for

preparing and filing an Appellant’s Brief on February 7, 2025, in Lufkin

Mall Realty Holding LLC v. Lufkin Investment Partners LLC, Cause No.

12-24-00326-CV, in the Twelfth Court of Appeals at Tyler; as well as an

Appellant’s Brief in Cause No.05-24-01515-CV, Louis Carter, Jr. v.

Timothy C. Sanders, in the Fifth Court of Appeals at Dallas, on February

23, 2025; and,

In addition, Counsel for TDHCA and Bobby Wilkinson has been

required to devote time to the following other matters:

As the deadlines for Appellant and Cross-Appellant’s briefs run

concurrently, this request for an extension not for purposes of delay but

in the interest of justice and fairness and so that Appellant’s and Cross-

Appellant’s counsel may have adequate time to prepare the parties’

respective briefs in light of the above-noted considerations. No party will

be prejudiced by this request.

Prayer

For these reasons, Appellant and Cross-Appellant respectfully

request an extension of 10 days to file their Reply Briefs, through and

until February 18, 2025.

Dated: February 5, 2025.

Respectfully submitted,

KEN PAXTON /S/ BRIANNA M. KROMINGA Attorney General of Texas BRIANNA M. KROMINGA Assistant Attorney General BRENT WEBSTER Texas Bar No. 24103252 First Assistant Attorney General Office of the Attorney General RALPH MOLINA General Litigation Division Deputy First Assistant Attorney P.O. Box 12548, Capitol Station General Austin, Texas 78711-2548 (214) 290-8884 (Main)

JAMES LLOYD (512) 320-0667 (Fax)

Deputy Attorney General for Civil Brianna.krominga@oag.texas.gov Litigation

KIMBERLY GDULA Chief, General Litigation Division

COUNSEL FOR CROSS-APPELLANT/ APPELLEES

/S/ NICHOLAS D. STEPP NICHOLAS D. STEPP TEXAS BAR NO. 24077701 NICK.STEPP@HUSCHBLACKWELL.COM BEN STEPHENS TEXAS BAR. NO. 24098472 BEN.STEPHENS@HUSCHBLACKWELL.COM HUSCH BLACKWELL LLP 600 TRAVIS ST., SUITE 2350 HOUSTON, TEXAS 77002 (713) 525-6263 LYNN HAMILTON BUTLER TEXAS BAR NO. 03527350 LYNN.BUTLER@HUSCHBLACKWELL.COM HUSCH BLACKWELL LLP 111 CONGRESS AVENUE, SUITE 1400 AUSTIN, TEXAS 78701 (512) 472-5456 (MAIN) (512) 479-1101 (FAX) ALEJANDRA GARCIA CASTRO TEXAS BAR NO. 24131325 ALEJANDRA.GARCIACASTRO@HUSCHBLAC KWELL.COM 1900 N. PEARL STREET, SUITE 1800 DALLAS, TEXAS 75201 (214) 981-7053 COUNSEL FOR APPELLANT/ CROSS- APPELLEE

CERTIFICATE OF CONFERENCE On February 4–5, 2025, in accordance with Rule 10.1(a)(5), the office of the undersigned conferred by electronic mail with counsel for Appellees/Cross-Appellants, Brianna Krominga, who agrees to the filing and contents of this joint motion.

/s/ Nicholas D. Stepp Nicholas D. Stepp

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been served electronically on all counsel of record on this February 5, 2025, in accordance with Tex. R. App. P. 9(5)(b)(1):

Brianna M. Krominga Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (214) 290-8884 (Main) (512) 320-0667 (Fax) Brianna.krominga@oag.texas.gov

/s/ Nicholas D. Stepp Nicholas D. Stepp

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.

darlyn castillo on behalf of Nicholas Stepp Bar No. 24077701 darlyn.castillo@huschblackwell.com Envelope ID: 97025042 Filing Code Description: Motion Filing Description: Joint Motion for Extension of Time to File Reply Briefs Status as of 2/5/2025 4:03 PM CST

Associated Case Party: PLS Check Cashers of Texas, Inc.

Name BarNumber Email TimestampSubmitted Status

Nick Stepp nick.stepp@huschblackwell.com 2/5/2025 3:39:54 PM SENT

Lynn H.Butler lynn.butler@huschblackwell.com 2/5/2025 3:39:54 PM SENT

Benjamin Stephens ben.stephens@huschblackwell.com 2/5/2025 3:39:54 PM SENT

Alejandra Garcia Castro Alejandra.GarciaCastro@huschblackwell.com 2/5/2025 3:39:54 PM SENT

Associated Case Party: Texas Department of Housing and Community Affairs

Name BarNumber Email TimestampSubmitted Status

Brianna Krominga 24103252 brianna.krominga@oag.texas.gov 2/5/2025 3:39:54 PM SENT

Tristan AGarza tristan.garza@oag.texas.gov 2/5/2025 3:39:54 PM SENT

Associated Case Party: Bobby Wilkinson

Name BarNumber Email TimestampSubmitted Status

Brianna Krominga brianna.krominga@oag.texas.gov 2/5/2025 3:39:54 PM SENT

Tristan AGarza tristan.garza@oag.texas.gov 2/5/2025 3:39:54 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

HBCourtFilings HOU HBCourtFilings-HOU@huschblackwell.com 2/5/2025 3:39:54 PM SENT

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PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc., (Tex. Ct. App. 2025).

PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc. (PLS Check Cashers of Texas, Inc.// Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs v. Texas Department of Housing and Community Affairs, and Bobby Wilkinson, in His Official Capacity as Executive Director of the Texas Department of Housing and Community Affairs// Cross-Appellee, PLS Check Cashers of Texas, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.