SignAd, Ltd. v. Texas Department of Transportation

• Court: Court of Appeals of Texas
• Decided: December 17, 2024
• Docket: 15-24-00075-CV
• Status: Published

Opinion

ACCEPTED 15-24-00075-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 12/17/2024 3:59 PM NO. 15-24-00075-CV CHRISTOPHER A. PRINE _____________________________________________________________________ CLERK FILED IN IN THE FIFTEENTH COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS DISTRICT OF TEXAS AT AUSTIN 12/17/2024 3:59:26 PM _____________________________________________________________________ CHRISTOPHER A. PRINE Clerk SIGNAD, LTD., Appellant, V.

TEXAS DEPARTMENT OF TRANSPORTATION, Appellee. _____________________________________________________________________

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

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Appellee, the Texas Department of Transportation, presents this motion

pursuant to Rules 10.5(b) and 38.6(d) of the Texas Rules of Appellate Procedure and

respectfully moves the Court for an extension of time to file its brief. As grounds for

this motion, Appellee shows the Court the following:

1. Appellee’s brief is due to be filed on Friday, December 20, 2024.

2. Appellee requests an extension of thirty-two days from the current

deadline, making its brief due on Tuesday, January 21, 2025. Appellee requests this

extension because thirty days from December 20, 2024, falls on Sunday, December

19, 2025, with the following day Monday, January 20, 2025, being a federal

holiday: Martin Luther King Day. 3. This is Appellee’s first request for extension of time to file its brief.

4. Appellant is not opposed to this request for extension of time.

5. Appellee requires an extension to file its brief because time constraints

on appellate counsel have made it impossible to complete the brief by December

20, 2024. In addition to numerous routine duties, appellate counsel has made

substantial time commitments to the following:

a. Attending an in-person contested hearing on November 22,

2024, appearing at a deposition on December 17, 2024, and drafting

pre-trial disclosures for Marcos Saenz, Individually, and as Next Friend

of S.S. and M.S., Cause No. 2020CV05025, pending in County Court at

Law No. 3 in Bexar County, Texas;

b. Attending in-person mediation on December 3, 2024, for State v.

New Burnin’ Bush, LLC, Cause No. 2023ED00015, pending in Probate

Court No. 1 of Bexar County, Texas;

c. Attending an in-person contested hearing on December 11, 2024,

for Oncor Elec. Delivery Co. LLC v. Tex. Dep’t of Transp., Cause No.

039-20-CV, pending in County Court at Law No. 1 of Angelina County,

Texas; and

d. Preparing and serving expert designation reports for State v.

Levine Inv. Ltd. P’Ship, Cause No. 2022ED00024, State v. San Antonio

2 ZCF Pharm. Dist., Cause No. 2022ED00012, and State v. LMDN SA,

Ltd. P’ship, Cause No. 2022ED00034, all pending in Probate Court

No. 2 of Bexar County, Texas;

6. In addition, the Office of the Texas Attorney General was operating

with limited staff on Tuesday, November 26 and Wednesday, November 27, 2024,

and was closed on Thursday, November 28 and Friday, November 29, 2024, in

observance of Thanksgiving.

7. Lastly, the Office of the Texas Attorney General conducts a review

process prior to submission of appellate briefs which involves multiple attorneys

with varying schedules.

For these reasons, Appellee respectfully requests that the Court grant an

extension for filing its brief until Tuesday, January 21, 2025.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

JAMES LLOYD Deputy Attorney General for Civil Litigation

3 NANETTE DINUNZIO Chief, Transportation Division

/s/Joshua Longi JOSHUA LONGI State Bar No. 24095228 joshua.longi@oag.texas.gov Assistant Attorney General Transportation Division P. O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 383-6280 Fax Number: (512) 936-0888 ATTORNEY FOR APPELLEE, TEXAS DEPARTMENT OF TRANSPORTATION

CERTIFICATE OF CONFERENCE

I hereby certify that on December 16, 2024, Appellee’s counsel emailed counsel for Appellant and Appellant indicated it does not oppose this motion.

/s/Joshua Longi JOSHUA LONGI Assistant Attorney General

4 CERTIFICATE OF SERVICE

This is to certify that on this day, December 17, 2024, a true and correct copy of the foregoing Appellee’s Unopposed First Motion for Extension of Time to File Brief was sent to the following as indicated below:

Via Electronic Service Richard L. Rothfelder rrothfelder@rothfelderfalick.com Christopher W. Rothfelder crothfelder@rothfelderfalick.com Rothfelder & Falick, L.L.P. 1517 Heights Blvd. Houston Texas 77008

ATTORNEYS FOR APPELLANT SIGNAD, LTD.

5 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.

Ally Wickliffe on behalf of Joshua Longi Bar No. 24095228 ally.wickliffe@oag.texas.gov Envelope ID: 95421064 Filing Code Description: Motion Filing Description: Appellee's Unopposed First Motion for Extension of Time to File Brief Status as of 12/17/2024 4:10 PM CST

Associated Case Party: SignAd, Ltd.

Name BarNumber Email TimestampSubmitted Status

Christopher W.Rothfelder crothfelder@rothfelderfalick.com 12/17/2024 3:59:26 PM SENT

Richard L.Rothfelder rrothfelder@rothfelderfalick.com 12/17/2024 3:59:26 PM SENT

Associated Case Party: Texas Department of Transportation

Joshua Longi 24095228 joshua.longi@oag.texas.gov 12/17/2024 3:59:26 PM SENT

Ally Wickliffe ally.wickliffe@oag.texas.gov 12/17/2024 3:59:26 PM SENT