Home/Court of Appeals of Texas/State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

Court of Appeals of Texas·Decided March 6, 2025·No. 15-25-00013-CV·Published

Opinion

ACCEPTED 15-25-00013-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/6/2025 9:32 AM No. 15-25-00013-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth Court of Appeals 15th COURT OF APPEALS AUSTIN, TEXAS Austin, Texas 3/6/2025 9:32:14 AM CHRISTOPHER A. PRINE Clerk STATE OF TEXAS, THE TEXAS FACILITIES COMMISSION, THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, MIKE NOVAK, IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE TFC, AND ROLLAND NILES, IN HIS OFFICIAL CAPACITY AS DEPUTY EXECUTIVE COMMISSIONER FOR THE SYSTEM SUPPORT SERVICES DIVISION OF THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, Appellants,

v.

BROADMOOR AUSTIN ASSOCIATES, a Texas joint venture, Appellee.

On Appeal from Cause No. D-1-GN-23-007899 In the 455th Judicial District of Travis Count, Texas

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ BRIEF

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),

Appellants, the State of Texas, the Texas Facilities Commission, the Texas

Health and Human Services Commission, Mike Novak, in his Official

capacity as Executive Director of the Texas Facilities Commission, and

Rolland Niles, in his Official Capacity as Deputy Executive Commissioner for

the System Support Services division of the Texas Health and Human

Services Commission (“Appellants”) file this unopposed motion seeking a

short one-week extension of time to file Appellants’ Brief to March 17, 2025.

In support of this motion, Appellants show the following:

1. Appellants filed an interlocutory appeal pursuant to Civil

Practice and Remedies Code section 51.014(a)(8), which allows for an

immediate appeal from an order that denies a plea to the jurisdiction.

Appellants’ deadline to file Appellants’ Brief is March 10, 2025.

2. This is the second request for an extension.
3. The motion is unopposed.

4. The following grounds provide good cause for extending the time

to file Appellants’ Brief. Petitioner’s counsel received a short 5-day extension

but was unfortunately out of the office between February 10-12 and 25-27,

2025 due to a medical condition and illnesses, including taking leave to take

care of her minor children. Appellants’ counsel has also been busy preparing

for a March 4, 2025 deadline for Supplemental Briefing before this Court in

No. 15-24-00057-CV, Tarleton State University v. Foundation for Individual

Rights and Expression.

5. This motion is not filed for the purpose of delay, nor will Appellee

be harmed because Appellee is unopposed to this extension request.

Prayer

For these reasons, Appellants respectfully request that the Court grant

an extension of time of one-week to file Appellants’ Brief to March 17, 2025.

Respectfully submitted.

KEN PAXTON Attorney General

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief, General Litigation Division /s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Attorney in Charge Texas Bar No. 24122680 Assistant Attorneys General General Litigation Division P.O. Box 12548 Austin, Texas 78711 (210) 270-1118 – Phone (512) 320-0667 – Fax alyssa.bixby-lawson@oag.texas.gov Counsel for Appellants

CERTIFICATE OF SERVICE

I certify that on March 6, 2025, a true and correct copy of this document was served via the court’s e-service system on the following counsel of record:

Jason R. LaFond Sara Clark Casey Dobson Scott Douglass & McConnico LLP 303 Colorado Street, Suite 2400 Austin, Texas 78701 (512) 495-6300 Phone (512) 495-6399 Fax jlafond@scottdoug.com sclark@scottdoug.com cdobson@scottdoug.com

Counsel for Appellee

/s/ Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON 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.

Alyssa Bixby-Lawson on behalf of Alyssa Bixby-Lawson Bar No. 24122680 alyssa.bixby-lawson@oag.texas.gov Envelope ID: 98131912 Filing Code Description: Motion Filing Description: Unopposed Motion for Extension of Time to File Appellants' Brief Status as of 3/6/2025 9:45 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Michaelle Peters mpeters@scottdoug.com 3/6/2025 9:32:14 AM SENT

Angela Goldberg agoldberg@scottdoug.com 3/6/2025 9:32:14 AM SENT

Susie Smith ssmith@scottdoug.com 3/6/2025 9:32:14 AM SENT

Jason R.LaFond jlafond@scottdoug.com 3/6/2025 9:32:14 AM SENT

Kemp Kasling kkasling@kaslinglaw.com 3/6/2025 9:32:14 AM SENT

Angie Espinoza aespinoza@scottdoug.com 3/6/2025 9:32:14 AM SENT

Associated Case Party: State of Texas

Name BarNumber Email TimestampSubmitted Status

Victoria Gomez victoria.gomez@oag.texas.gov 3/6/2025 9:32:14 AM SENT

Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 3/6/2025 9:32:14 AM SENT

Associated Case Party: Broadmoor Austin Associates, a Texas Joint Venture

Name BarNumber Email TimestampSubmitted Status

Sara W.Clark sclark@scottdoug.com 3/6/2025 9:32:14 AM SENT

Casey Dobson cdobson@scottdoug.com 3/6/2025 9:32:14 AM SENT

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State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture, (Tex. Ct. App. 2025).

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture (State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.