SignAd, Ltd. v. Texas Department of Transportation

Opinion

ACCEPTED 15-24-00075-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/3/2025 3:15 PM CAUSE NO. 15-24-00075-CV CHRISTOPHER A. PRINE ________________________________________________________________ CLERK FILED IN IN THE COURT OF APPEALS FOR THE FIFTEENTH15th DISTRICT COURT OF APPEALS OF AUSTIN, TEXAS AUSTIN, TEXAS _____________________________ 2/3/2025 3:15:58 PM CHRISTOPHER A. PRINE SIGNAD, LTD., Clerk Appellant, V.

TEXAS DEPARTMENT OF TRANSPORTATION Appellee. ______________________________ On Appeal from the 126th Judicial District Court of Travis County, Texas; Cause No. D-1-GN-21-004113; the Honorable Aurora Martinez Jones, Presiding ______________________________

APPELLANT’S FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF _____________________________

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Pursuant to Rule 10.5(b) and 38.6(d) of the Texas Rules of Appellate

Procedure, Appellant files this First Motion for Extension of Time to File

Appellant’s Reply Brief, and would show the Court as follows:

1. Appellant’s Reply Brief is due to be filed on February 10, 2025.

2. Appellant requests an extension of thirty days from February 10, 2025,

to March 12, 2025, to file Appellant’s Reply Brief.

1 3. Appellant needs an extension of time to file its Brief because time

constraints on Appellant’s counsel have made it impossible to complete the Brief by

February 10, 2025. In addition to numerous routine duties, Appellant’s counsel has

to make substantial time commitments to the following:

a. Preparation of Plaintiff’s Response to the Texas Department of

Transportation’s Amended Motions to Dismiss in John Gannon Inc. v. Texas

Department of Transportation, et al, in the United States District Court for the South

District of Texas, Houston Division, Civil Action No. 4:21-CV-03190;

b. Preparation of Plaintiff’s Responses to two Motions for

Summary Judgment set for written submission on February 20, 2024, in Primary

Media Group, Inc. v. LT Ranch Properties LLC, in the 43RD Judicial District Court

of Parker County, Texas, Cause No CV24-1475;

c. Preparation of Motion for Summary Judgment, Motion for

Continuance, Response to Motion to Quash, Response to Motion to Compel,

Privilege Log, and Response to Motion for Protective Order, and preparation for

hearings thereon, in Primary Media Group, Inc. v. LT Ranch Properties LLC, in the

43RD Judicial District Court of Parker County, Texas, Cause No CV24-1475;

d. Preparation for and presentation at February 27, 2025 hearing

before the Houston General Appeals Board concerning the appeal of the City of

2 Houston Sign Administration’s denial of a sign permit application of SignCo

America;

e. Preparation of Motion for Summary Judgment, and hearing

thereon, in Texas Department of Transportation v. Primary Media Group, Inc., in

the 431ST Judicial District Court of Denton County, Texas, Cause No. 23-1706-431;

f. Preparation for trial on April 7–9, 2025, in Texas Department of

Transportation v. Primary Media Group, Inc., in the 431ST Judicial District Court of

Denton County, Texas, Cause No. 23-1706-431; and

g. Preparation for presentation at the bi-annual conference of the

International Billboard Operators in Salt Lake City, Utah, on April 10, 2025.

4. This is Appellant’s first Motion for Extension of Time to file

Appellant’s Reply Brief. The Court previously granted Appellant two extensions of

time to file Appellant’s Brief.

5. Appellee is unopposed to the foregoing request for an extension.

For these reasons, Appellant prays that the Court grant this Motion and extend

the time for filing Appellant’s Reply Brief to March 12, 2025. Appellant prays for

such other and further relief to which it may be justly entitled.

3 Respectfully submitted,

ROTHFELDER & FALICK, L.L.P.

/s/ Christopher W. Rothfelder Christopher Warren Rothfelder Texas Bar No. 24084740 crothfelder@rothfelderfalick.com Richard L. Rothfelder Texas Bar No. 17318100 rrothfelder@rothfelderfalick.com Rothfelder & Falick, L.L.P. 1517 Heights Blvd. Houston, Texas 77008 Telephone: (713) 220-2288 Facsimile: (713) 658-8211 ATTORNEYS FOR APPELLANT SIGNAD, LTD.

CERTIFICATE OF CONFERENCE

Prior to filing this Motion, I contacted counsel for Appellee, Joshua Longi, who indicated that Appellee was not opposed to the relief requested herein.

/s/ Christopher W. Rothfelder Christopher W. Rothfelder

CERTIFICATE OF SERVICE

I certify that on February 3, 2025, I served a true and correct copy of the foregoing, by electronic service, upon the counsel of record listed below:

Joshua Longi Assistant Attorney General Transportation Division P.O. Box 12548 Austin, Texas 78711-2548 Joshua.Longi@oag.texas.gov /s/ Christopher W. Rothfelder Christopher W. Rothfelder 4 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.

Mary Roch on behalf of Christopher Rothfelder Bar No. 24084740 maryaroch@yahoo.com Envelope ID: 96920194 Filing Code Description: Motion Filing Description: Appellant's First Motion for Extension of Time to File Appellant's Reply Brief Status as of 2/3/2025 3:34 PM CST

Associated Case Party: SignAd, Ltd.

Name BarNumber Email TimestampSubmitted Status

Christopher W.Rothfelder crothfelder@rothfelderfalick.com 2/3/2025 3:15:58 PM SENT

Richard L.Rothfelder rrothfelder@rothfelderfalick.com 2/3/2025 3:15:58 PM SENT

Associated Case Party: Texas Department of Transportation

Name BarNumber Email TimestampSubmitted Status

Joshua Longi 24095228 joshua.longi@oag.texas.gov 2/3/2025 3:15:58 PM SENT

Ally Wickliffe ally.wickliffe@oag.texas.gov 2/3/2025 3:15:58 PM SENT