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 May 12, 2025·No. 15-25-00013-CV·Published

Opinion

ACCEPTED 15-25-00013-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/12/2025 2:46 PM 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 ______________________________ 5/12/2025 2:46:44 PM 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 TEXAS FACILITIES COMMISSION, AND ROLLAND NILES, IN HIS OFFCIAL CAPACITY AS DEPUTY EXECUTIVE COMMISSIONER FOR THE SYSTEM SUPPORT SERVICES DIVISON OF THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, Appellants, v.

BROADMOOR AUSTIN ASSOCIATES, A TEXAS JOINT VENTURE Appellee.

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

APPELLANTS’ UNOPPOSED MOTION TO EXTEND TIME TO FILE THEIR REPLY BRIEF

KEN PAXTON KIMBERLY GDULA Attorney General of Texas Chief, General Litigation Division

BRENT WEBSTER JENNIFER COOK First Assistant Attorney General Texas Bar No. 00789233 Assistant Attorney General RALPH MOLINA P.O. Box 12548, Capitol Station Deputy First Assistant Attorney General Austin, Texas 78711-2548 Phone: (512) 475-4098 AUSTIN KINGHORN jennifer.cook@oag.texas.gov Deputy Attorney General for Civil FAX: (512) 320-0667 Litigation Counsel for Appellants

15-25-00013-CV; State of Texas, et al. v. Broadmoor Austin Associates, a Texas Joint Venture Motion To Extend Time to File Appellants’ Reply Brief Page 1 of 4

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

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

Appellants, State of Texas, the Texas Facilities Commission (“TFC”), the Texas

Health and Human Services Commission (“HHSC”), 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 HHSC (collectively referred to as “Appellants”), file this motion asking

the Court to extend the time for Appellants to file a reply brief to Broadmoor Austin

Associate, A Texas Joint Venture’s (“Appellee’s”) brief.

1. There is no specific deadline to file this motion to extend time. Tex. R. App.

P. 38.6(d).

2. Appellee is unopposed to this motion.

3. The Court may grant an extension of time under Texas Rules of Appellate

Procedure 10.5(b) and 38.6(d).

4. Appellee filed its brief on May 7, 2025. The current deadline for Appellants

to file their reply brief is May 27, 2025.

5. Appellants request an additional 30 days to file their reply brief, extending the

deadline to June 26, 2025.

15-25-00013-CV; State of Texas, et al. v. Broadmoor Austin Associates, a Texas Joint Venture Motion To Extend Time to File Appellants’ Reply Brief Page 2 of 4 6. This is the first request for an extension to file the reply brief and no

extensions have been previously granted regarding Appellants’ reply brief.

7. Appellants need additional time due to the current scheduling commitments

of Appellants’ counsel. Additionally, Appellants’ counsel is new to this case and

needs additional time to study the case and prepare the reply brief.

8. For these reasons, Appellants ask the Court to grant an extension of time to

file Appellants’ reply brief until June 26, 2025.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLEY GDULA Chief - General Litigation Division

/s/Jennifer Cook JENNIFER COOK Assistant Attorney General Texas State Bar No. 00789233 P.O. Box 12548 Austin, Texas 78711-2548 Tel: (512) 475-4098 Fax: (512) 302-0667

15-25-00013-CV; State of Texas, et al. v. Broadmoor Austin Associates, a Texas Joint Venture Motion To Extend Time to File Appellants’ Reply Brief Page 3 of 4

jennifer.cook@oag.texas.gov Attorney for Appellants

CERTIFICATE OF CONFERENCE I certify that I have conferred with Appellee’s counsel regarding this motion and Appellee is unopposed to this motion.

/s/ Jennifer Cook JENNIFER COOK Assistant Attorney General

15-25-00013-CV; State of Texas, et al. v. Broadmoor Austin Associates, a Texas Joint Venture Motion To Extend Time to File Appellants’ Reply Brief Page 4 of 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.

Envelope ID: 100723173 Filing Code Description: Motion Filing Description: 20250512_MET to Reply to Appellees Brief Status as of 5/12/2025 2:57 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Michaelle Peters mpeters@scottdoug.com 5/12/2025 2:46:44 PM SENT

Angela Goldberg agoldberg@scottdoug.com 5/12/2025 2:46:44 PM SENT

Susie Smith ssmith@scottdoug.com 5/12/2025 2:46:44 PM SENT

Jason R.LaFond jlafond@scottdoug.com 5/12/2025 2:46:44 PM SENT

Kemp Kasling kkasling@kaslinglaw.com 5/12/2025 2:46:44 PM SENT

Angie Espinoza aespinoza@scottdoug.com 5/12/2025 2:46:44 PM SENT

Associated Case Party: State of Texas

Name BarNumber Email TimestampSubmitted Status

Victoria Gomez victoria.gomez@oag.texas.gov 5/12/2025 2:46:44 PM SENT

Jennifer Cook Jennifer.Cook@oag.texas.gov 5/12/2025 2:46:44 PM SENT

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

Name BarNumber Email TimestampSubmitted Status

Sara W.Clark sclark@scottdoug.com 5/12/2025 2:46:44 PM SENT

Casey Dobson cdobson@scottdoug.com 5/12/2025 2:46:44 PM 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.