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 August 8, 2025·No. 15-25-00013-CV·Published

Opinion

ACCEPTED 15-25-00013-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/8/2025 12:26 PM No. 15-25-00013-CV CHRISTOPHER A. PRINE CLERK In the Fifteenth Court of Appeals FILED IN Austin, Texas 15th COURT OF APPEALS AUSTIN, TEXAS 8/8/2025 12:26:29 PM State of Texas; the Texas Facilities Commission; the Texas Health and CHRISTOPHER A. PRINE Human Services Commission; Mike Novak, in his Official Capacity Clerkas 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, 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 County, Texas

APPELLANTS’ UNOPPOSED MOTION TO RESET ORAL ARGUMENT

Ken Paxton Kimberly Gdula Attorney General of Texas Division Chief General Litigation Division Brent Webster First Assistant Attorney General Jennifer Cook Assistant Attorney General Ralph Molina Texas Bar No. 00789233 Deputy First Assistant Attorney P.O. Box 12548/Mail Stop 019-1 General Austin, Texas 78711-2548 Tel: (737) 230-4700 Austin Kinghorn Fax: (512) 302-0667 Deputy Attorney General for Civil jennifer.cook@oag.texas.gov Litigation Counsel for Appellants

INTRODUCTION

Appellants are the 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 TFC; and Rolland Niles, in his official

capacity as Deputy Executive Commissioner for the System Support Services

Division of HHSC. Appellee is Broadmoor Austin Associates, a Texas joint venture.

This appeal is scheduled for oral argument on Wednesday, September 24, 2025, at

1:30 p.m. Appellee is unopposed to this motion.

ARGUMENTS & AUTHORITIES

The Court has the authority under Texas Rule of Appellate Procedure 10.5(c)

to reset oral argument. Appellants ask the Court to reset oral argument in this case

because Assistant Attorney General, Jennifer Cook, cannot attend oral argument on

the date presently scheduled for argument.

On the date scheduled for argument, Jennifer Cook is scheduled to be in a jury

trial in state court in the 200th District Court of Travis County, Arnulfo P. Alcorta,

et al. v. Kelly Hancock, Acting Texas Comptroller of Public Accounts, cause number

D-1-GN-17-006831 (the “Alcorta Case”). In the Alcorta Case, there are

approximately 48 plaintiffs suing the Texas Comptroller of Public Accounts for

millions of dollars in unclaimed mineral proceeds, asserting they are heirs of Spanish

and Mexican land grants. This case has been pending since 2017 and is specially

assigned to the 200th District Court even though Travis County has a central docket.

There have been several recent hearings in the case and the trial court has made it

clear that the jury trial set for September 22 will go forward as scheduled and will

not be reset. A copy of (1) the notice setting the case for trial, (2) the Travis County

district courts’ Civil Settings for District Court (showing, at page 17, the Alcorta

Case is preferentially set for a 5-day jury trial starting September 22 in front of Judge

Mangrum of the 200th Travis County District Court) and (3) a notice of attorney in

charge for the Alcorta Case filed by Ms. Cook on April 24, 2025.

Appellants’ attorney is a member of the Office of the Attorney General. No

other attorney is able to argue this case or try the Alcorta Case because no other

attorney is sufficiently familiar with the facts of these cases.

No motion to reset oral argument has been granted in this case.

CONCLUSION For these reasons, Appellants ask the Court to grant this motion and to re-

schedule the oral argument in this case.

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

KIMBERLY GDULA Chief, General Litigation Division

/s/ Jennifer Cook JENNIFER COOK Texas Bar No. 00789233 Assistant Attorney General P.O. Box 12548/Mail Stop 019-1 Austin, Texas 78711-2548 Tel: (737) 230-4700 Fax: (512) 302-0667 jennifer.cook@oag.texas.gov

Counsel for Appellants

CERTIFICATE OF CONFERENCE

I certify I conferred with Appellee’s counsel on August 7-8, 2025, and he is unopposed to this motion.

/s/ Jennifer Cook JENNIFER COOK Assistant Attorney General

11/21/2024 11:06 AM Velva L. Price District Clerk Travis County Cause No. D-1-GN-17-006831 D-1-GN-17-006831 Norma Ybarra

ARNULFO P. ALCORTA, ET AL. § IN THE DISTRICT COURT § PLAINTIFFS, § § V. § TRAVIS COUNTY, T E X A S § GLENN ALLEN HEGAR, JR., § TEXAS COMPTROLLER OF PUBLIC § ACCOUNTS, § DEFENDANT. § 53rd JUDICIAL DISTRICT

AMENDED NOTICE OF TRIAL SETTING

Please take notice that the above styled and numbered cause has been set for jury trial for

September 22, 2025 at 9:00 a.m. in the Travis County District Courts. Five days has been

requested and will be announced for this trial.

Respectfully submitted,

/s/ Nicholas S. Bressi_ Nicholas S. Bressi State Bar No. 02959485 Law Office of Nicholas Bressi P.O. Box 162193 Austin, Texas 78716 Tel.: 512.416.8999 Email: Nick@BressiLaw.com

ATTORNEY FOR PLAINTIFFS

1

ATTACHMENT 1

CERTIFICATE OF SERVICE

Pursuant to Tex.R.Civ.P. 21 and 21a I certify that a true and correct copy of the foregoing was served on all counsel of record as listed below on November 21, 2024:

Ken Paxton Brent Webster Grant Dorfman Lesley French Murtaza F. Sutarwalla Shawn Cowles Joshua R. Godbey Jeffrey C. Mateer Brantley Starr James E. Davis H. Melissa Mather Lea N. Brigsten Christopher D. Hilton Alyssa Bixby-Lawson P.O. Box 12548 Austin, Texas 78711-2548

/s/ Nicholas S. Bressi Nicholas S. Bressi

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: 94559028 Filing Code Description: Notice Filing Description: AMENDED NOTICE OF TRIAL SETTING Status as of 11/21/2024 11:14 AM CST

Associated Case Party: ARNULFO ALCORTA

Name BarNumber Email TimestampSubmitted Status

Nicholas Bressi 2959485 nick@bressilaw.com 11/21/2024 11:06:50 AM SENT

Tracia Lee 24013021 tlee@tleelaw.com 11/21/2024 11:06:50 AM SENT

nick bressi nsb4x4@gmail.com 11/21/2024 11:06:50 AM SENT

Associated Case Party: GLENN HEGAR COMPTROLLER OF PUBLIC ACCOUNTS

Name BarNumber Email TimestampSubmitted Status

Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 11/21/2024 11:06:50 AM SENT

Victoria Gomez victoria.gomez@oag.texas.gov 11/21/2024 11:06:50 AM SENT

H. Melissa Mather melissa.mather@oag.texas.gov 11/21/2024 11:06:50 AM ERROR

Samantha Tracy Samantha.Tracy@oag.texas.gov 11/21/2024 11:06:50 AM ERROR

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jon Smith jon@jonmichaelsmith.com 11/21/2024 11:06:50 AM SENT

Elena Bendea Elena.Bendea@cpa.texas.gov 11/21/2024 11:06:50 AM SENT

Murl Miller Murl.Miller@cpa.texas.gov 11/21/2024 11:06:50 AM SENT

CIVIL SETTINGS FOR DISTRICT COURT ON Monday, August 18, 2025, 09:01 AM 2014 D-1-GN-24-003682 BEER ERIC vs. ROBERTS KIANNA SHANELL TATE JASMINE 4 days Set By PLAINTIFF JURY

2015 D-1-GN-23-006930 COOK TIFFANY NICOLE vs. TEXAS TOW BOYS, LLC VASQUEZ JOHN DANIEL 4 days JURY

2020 D-1-GN-23-001790 HARRIS GARLAND vs. HUTCHINSON JEASIKA HARRIS RODERIC 3 days Set By DEFENDANT JURY

2028 D-1-GN-23-001892 RUBIO ABBEY vs. COMPTON CHARLES ALLEN RUBIO RUBEN FARM BUREAU COUNTY MUTUAL INSURANCE COMPANY OF TEXAS 5 days Set By DEFENDANT JURY

2037 D-1-GN-23-009090 LEWIS LEE vs. BUENO ALEJANDRO 4 days Set By PLAINTIFF JURY

2050 D-1-GN-23-003213 JOHNSON LOVELY vs. KIRUHURA JEAN MACKEY WENDELL NAMASOMO JEANNE 4 days Set By PLAINTIFF JURY

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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.