15-25-00082-CV
NOTICE OF APPEAL - CIVIL FORM Trial Court No.: 25-01-00561 15th Court of Appeals 457th Judicial District Court FILED IN State of Texas vs. The Allstate Corporation, in and for 15th COURT OF APPEALS Allstate Insurance Company, Allstate Montgomery County, Texas TEXAS AUSTIN, Vehicle and Property Insurance Company , 5/2/2025 10:00:23 AM Arity, LLC, Arity 875, LLC, Arity Services, LLC CHRISTOPHER A. PRINE Clerk
Date Notice of Appeal Filed: April 30, 2025
Accelerated Appeal: Yes Restricted Appeal: No
Date of Order/Judgment: April 10, 2025
Post Judgment Motion Filed: N/A
Name of Trial Court Judge: Honorable Vincenzo J. Santini
Name of Court Reporter: Lorri Lucas
Attorney for Appellant: Rick Berlin SBN: 24055161 (State of Texas) 808 Travis Street, Suite 1520 Houston, TX 77002 Phone: 713-223-5886 Fax: 713-223-5821 Email: rick.berlin@oag.texas.gov
Attorney for Appellee: W. Reid Wittliff SBN: 00791951 (Arity 875, LLC) 510 Baylor St. Austin, TX 78703 Phone: 512-960-4866 Fax: 512-960-4869 Email: reid@wittliffcutter.com
DISTRIBUTION: Original to file, Court of Appeals, Appellant Attorney, Appellee Attorney, Defense Counsel, Court Reporter, Probation, Pro Se Defendant
Due Date: May 12, 2025
Date Mailed to Court of Appeals: May 02, 2025 Received and E-Filed for Record 4/30/2025 11:31 AM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Beverly Kennedy
CAUSE NO. 25-01-00561
THE STATE OF TEXAS, § IN THE DISTRICT COURT OF Plaintiff, § § v. § MONTGOMERY COUNTY, TEXAS § THE ALLSTATE CORPORATION, § ALLSTATE INSURANCE COMPANY, § ALLSTATE VEHICLE AND § PROPERTY INSURANCE COMPANY, § ARITY, LLC, § ARITY 875, LLC, and § ARITY SERVICES, LLC, § Defendants. § 457TH JUDICIAL DISTRICT
STATE OF TEXAS’S NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff, the State of Texas, files this Notice of Appeal with the trial court clerk and thus
invokes the Fifteenth Court of Appeals’ appellate jurisdiction over all parties. The State of Texas
states the following:
1. The appeal is to be taken in the Fifteenth Court of Appeals because the “Court of Appeals
for the Fifteenth Court of Appeals District has exclusive intermediate appellate jurisdiction
over…matters brought by or against the state or a board, commission, department, office, or other
agency in the executive branch of the state government. . .” Tex. Gov’t. Code § 22.220(d)(1).
2. The trial court that entered the order the State of Texas is appealing is the 457th Judicial
District Court of Montgomery County, Texas, the Honorable Vincenzo Santini presiding. The trial
court style and number of the case are as follows: State of Texas v. The Allstate Corporation,
Allstate Insurance Company, Allstate Vehicle and Property Insurance Company, Arity, LLC, Arity
875, LLC, and Arity Services, LLC, Cause No. 25–01–00561.
1 3. The trial court order to be appealed is the Order Granting Special Appearances (“Order”),
signed on April 10, 2025.
4. The State of Texas desires to appeal this Order with respect to Defendant Arity 875, LLC.
5. The appeal of this court order is an accelerated appeal, as defined in Texas Rules of
Appellate Procedure 28.1(a).
6. No related appeal or original proceeding has been previously filed in the Fifteenth Court
of Appeals with respect to this case.
Dated: April 30, 2025 Respectfully submitted,
KEN PAXTON /s/ Rick Berlin Attorney General of Texas RICK BERLIN (TX Bar No. 24055161) RICHARD MCCUTCHEON (TX Bar No. 24139547) BRENT WEBSTER MADELINE FOGEL (TX Bar No. 24141985) First Assistant Attorney General DANIEL ZWART (TX Bar No. 24070906) KAYLIE BUETTNER (TX Bar No. 24109082) RALPH MOLINA MEREDITH SPILLANE (TX Bar No. 24131685) Deputy First Assistant Attorney General Assistant Attorneys General OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN KINGHORN Consumer Protection Division Deputy Attorney General for Civil Litigation 808 Travis Street, Suite 1520 Houston, Texas 77002 JOHNATHAN STONE Tel: (713) 223-5886 Chief, Consumer Protection Division Fax: (713) 223-5821 Rick.Berlin@oag.texas.gov Richard.McCutcheon@oag.texas.gov Madeline.Fogel@oag.texas.gov Daniel.Zwart@oag.texas.gov Kaylie.Buettner@oag.texas.gov Meredith.Spillane@oag.texas.gov
ATTORNEYS FOR THE STATE OF TEXAS
2 CERTIFICATE OF SERVICE
I certify that on April 30, 2025, the foregoing was electronically served, via the Court’s electronic filing system, on all defendants, by and through their attorneys:
W. Reid Wittliff Jake Sommer (Pro Hac Vice pending) WITTLIFF CUTTER PLLC Kelsey Harclerode (Pro Hac Vice pending) 510 Baylor St. ZWILLGEN PLLC Austin, TX 78703 1900 M Street NW, Suite 250 Tel: (512) 960-4866 Washington, D.C. 20036 Email: reid@wittliffcutter.com Tel: (202) 296-3585 Email: jake@zwillgen.com kelsey@zwillgen.com
Sudhir V. Rao (Pro Hac Vice pending) ZWILLGEN PLLC 183 Madison Ave., Suite 1504 New York, NY 10016 Tel: (646) 362-5590 Email: sudhir.rao@zwillgen.com
Attorneys for Defendants
/s/ Rick Berlin RICK BERLIN
3 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.
Carlos Fernandez on behalf of Richard Berlin Bar No. 24055161 carlos.fernandez@oag.texas.gov Envelope ID: 100268988 Filing Code Description: Notice of Appeal Filing Description: State of Texas's Notice of Appeal Status as of 4/30/2025 4:01 PM CST
Associated Case Party: Allstate Insurance Company
Name BarNumber Email TimestampSubmitted Status
John Saba john@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
W. Reid Wittliff reid@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Taylor Board taylor@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Jake Sommer jake@zwillgen.com 4/30/2025 11:31:08 AM SENT
Kelsey Harclerode kelsey@zwillgen.com 4/30/2025 11:31:08 AM SENT
Sudhir Rao sudhir.rao@zwillgen.com 4/30/2025 11:31:08 AM SENT
Associated Case Party: Allstate Vehicle and Property Insurance Company
W. Reid Wittliff reid@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Taylor Board taylor@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Sudhir Rao sudhir.rao@zwillgen.com 4/30/2025 11:31:08 AM SENT
Kelsey Harclerode kelsey@zwillgen.com 4/30/2025 11:31:08 AM SENT
Associated Case Party: Arity, LLC
W. Reid Wittliff reid@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Taylor Board taylor@wittliffcutter.com 4/30/2025 11:31:08 AM SENT 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.
Carlos Fernandez on behalf of Richard Berlin Bar No. 24055161 carlos.fernandez@oag.texas.gov Envelope ID: 100268988 Filing Code Description: Notice of Appeal Filing Description: State of Texas's Notice of Appeal Status as of 4/30/2025 4:01 PM CST
Taylor Board taylor@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Kelsey Harclerode kelsey@zwillgen.com 4/30/2025 11:31:08 AM SENT
Sudhir Rao sudhir.rao@zwillgen.com 4/30/2025 11:31:08 AM SENT
Associated Case Party: Arity Services, LLC
W.
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15-25-00082-CV
NOTICE OF APPEAL - CIVIL FORM Trial Court No.: 25-01-00561 15th Court of Appeals 457th Judicial District Court FILED IN State of Texas vs. The Allstate Corporation, in and for 15th COURT OF APPEALS Allstate Insurance Company, Allstate Montgomery County, Texas TEXAS AUSTIN, Vehicle and Property Insurance Company , 5/2/2025 10:00:23 AM Arity, LLC, Arity 875, LLC, Arity Services, LLC CHRISTOPHER A. PRINE Clerk
Date Notice of Appeal Filed: April 30, 2025
Accelerated Appeal: Yes Restricted Appeal: No
Date of Order/Judgment: April 10, 2025
Post Judgment Motion Filed: N/A
Name of Trial Court Judge: Honorable Vincenzo J. Santini
Name of Court Reporter: Lorri Lucas
Attorney for Appellant: Rick Berlin SBN: 24055161 (State of Texas) 808 Travis Street, Suite 1520 Houston, TX 77002 Phone: 713-223-5886 Fax: 713-223-5821 Email: rick.berlin@oag.texas.gov
Attorney for Appellee: W. Reid Wittliff SBN: 00791951 (Arity 875, LLC) 510 Baylor St. Austin, TX 78703 Phone: 512-960-4866 Fax: 512-960-4869 Email: reid@wittliffcutter.com
DISTRIBUTION: Original to file, Court of Appeals, Appellant Attorney, Appellee Attorney, Defense Counsel, Court Reporter, Probation, Pro Se Defendant
Due Date: May 12, 2025
Date Mailed to Court of Appeals: May 02, 2025 Received and E-Filed for Record 4/30/2025 11:31 AM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Beverly Kennedy
CAUSE NO. 25-01-00561
THE STATE OF TEXAS, § IN THE DISTRICT COURT OF Plaintiff, § § v. § MONTGOMERY COUNTY, TEXAS § THE ALLSTATE CORPORATION, § ALLSTATE INSURANCE COMPANY, § ALLSTATE VEHICLE AND § PROPERTY INSURANCE COMPANY, § ARITY, LLC, § ARITY 875, LLC, and § ARITY SERVICES, LLC, § Defendants. § 457TH JUDICIAL DISTRICT
STATE OF TEXAS’S NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff, the State of Texas, files this Notice of Appeal with the trial court clerk and thus
invokes the Fifteenth Court of Appeals’ appellate jurisdiction over all parties. The State of Texas
states the following:
1. The appeal is to be taken in the Fifteenth Court of Appeals because the “Court of Appeals
for the Fifteenth Court of Appeals District has exclusive intermediate appellate jurisdiction
over…matters brought by or against the state or a board, commission, department, office, or other
agency in the executive branch of the state government. . .” Tex. Gov’t. Code § 22.220(d)(1).
2. The trial court that entered the order the State of Texas is appealing is the 457th Judicial
District Court of Montgomery County, Texas, the Honorable Vincenzo Santini presiding. The trial
court style and number of the case are as follows: State of Texas v. The Allstate Corporation,
Allstate Insurance Company, Allstate Vehicle and Property Insurance Company, Arity, LLC, Arity
875, LLC, and Arity Services, LLC, Cause No. 25–01–00561.
1 3. The trial court order to be appealed is the Order Granting Special Appearances (“Order”),
signed on April 10, 2025.
4. The State of Texas desires to appeal this Order with respect to Defendant Arity 875, LLC.
5. The appeal of this court order is an accelerated appeal, as defined in Texas Rules of
Appellate Procedure 28.1(a).
6. No related appeal or original proceeding has been previously filed in the Fifteenth Court
of Appeals with respect to this case.
Dated: April 30, 2025 Respectfully submitted,
KEN PAXTON /s/ Rick Berlin Attorney General of Texas RICK BERLIN (TX Bar No. 24055161) RICHARD MCCUTCHEON (TX Bar No. 24139547) BRENT WEBSTER MADELINE FOGEL (TX Bar No. 24141985) First Assistant Attorney General DANIEL ZWART (TX Bar No. 24070906) KAYLIE BUETTNER (TX Bar No. 24109082) RALPH MOLINA MEREDITH SPILLANE (TX Bar No. 24131685) Deputy First Assistant Attorney General Assistant Attorneys General OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN KINGHORN Consumer Protection Division Deputy Attorney General for Civil Litigation 808 Travis Street, Suite 1520 Houston, Texas 77002 JOHNATHAN STONE Tel: (713) 223-5886 Chief, Consumer Protection Division Fax: (713) 223-5821 Rick.Berlin@oag.texas.gov Richard.McCutcheon@oag.texas.gov Madeline.Fogel@oag.texas.gov Daniel.Zwart@oag.texas.gov Kaylie.Buettner@oag.texas.gov Meredith.Spillane@oag.texas.gov
ATTORNEYS FOR THE STATE OF TEXAS
2 CERTIFICATE OF SERVICE
I certify that on April 30, 2025, the foregoing was electronically served, via the Court’s electronic filing system, on all defendants, by and through their attorneys:
W. Reid Wittliff Jake Sommer (Pro Hac Vice pending) WITTLIFF CUTTER PLLC Kelsey Harclerode (Pro Hac Vice pending) 510 Baylor St. ZWILLGEN PLLC Austin, TX 78703 1900 M Street NW, Suite 250 Tel: (512) 960-4866 Washington, D.C. 20036 Email: reid@wittliffcutter.com Tel: (202) 296-3585 Email: jake@zwillgen.com kelsey@zwillgen.com
Sudhir V. Rao (Pro Hac Vice pending) ZWILLGEN PLLC 183 Madison Ave., Suite 1504 New York, NY 10016 Tel: (646) 362-5590 Email: sudhir.rao@zwillgen.com
Attorneys for Defendants
/s/ Rick Berlin RICK BERLIN
3 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.
Carlos Fernandez on behalf of Richard Berlin Bar No. 24055161 carlos.fernandez@oag.texas.gov Envelope ID: 100268988 Filing Code Description: Notice of Appeal Filing Description: State of Texas's Notice of Appeal Status as of 4/30/2025 4:01 PM CST
Associated Case Party: Allstate Insurance Company
Name BarNumber Email TimestampSubmitted Status
John Saba john@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
W. Reid Wittliff reid@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Taylor Board taylor@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Jake Sommer jake@zwillgen.com 4/30/2025 11:31:08 AM SENT
Kelsey Harclerode kelsey@zwillgen.com 4/30/2025 11:31:08 AM SENT
Sudhir Rao sudhir.rao@zwillgen.com 4/30/2025 11:31:08 AM SENT
Associated Case Party: Allstate Vehicle and Property Insurance Company
W. Reid Wittliff reid@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Taylor Board taylor@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Sudhir Rao sudhir.rao@zwillgen.com 4/30/2025 11:31:08 AM SENT
Kelsey Harclerode kelsey@zwillgen.com 4/30/2025 11:31:08 AM SENT
Associated Case Party: Arity, LLC
W. Reid Wittliff reid@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Taylor Board taylor@wittliffcutter.com 4/30/2025 11:31:08 AM SENT 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.
Carlos Fernandez on behalf of Richard Berlin Bar No. 24055161 carlos.fernandez@oag.texas.gov Envelope ID: 100268988 Filing Code Description: Notice of Appeal Filing Description: State of Texas's Notice of Appeal Status as of 4/30/2025 4:01 PM CST
Taylor Board taylor@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Kelsey Harclerode kelsey@zwillgen.com 4/30/2025 11:31:08 AM SENT
Sudhir Rao sudhir.rao@zwillgen.com 4/30/2025 11:31:08 AM SENT
Associated Case Party: Arity Services, LLC
W. Reid Wittliff reid@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Taylor Board taylor@wittliffcutter.com 4/30/2025 11:31:08 AM SENT
Sudhir Rao sudhir.rao@zwillgen.com 4/30/2025 11:31:08 AM SENT
Kelsey Harclerode kelsey@zwillgen.com 4/30/2025 11:31:08 AM SENT
Associated Case Party: State of Texas
Daniel T.Zwart daniel.zwart@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Rick Berlin Rick.Berlin@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Meredith Spillane Meredith.Spillane@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Zeilic Contreras Zeilic.Contreras@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Carlos Fernandez Carlos.Fernandez@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Madeline Fogel madeline.fogel@oag.texas.gov 4/30/2025 11:31:08 AM SENT 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.
Carlos Fernandez on behalf of Richard Berlin Bar No. 24055161 carlos.fernandez@oag.texas.gov Envelope ID: 100268988 Filing Code Description: Notice of Appeal Filing Description: State of Texas's Notice of Appeal Status as of 4/30/2025 4:01 PM CST
Madeline Fogel madeline.fogel@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Richard RMcCutcheon richard.mccutcheon@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Kaylie Buettner Kaylie.Buettner@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Zoann Willis zoann.willis@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Glenn Gallegos glenn.gallegos@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Case Contacts
Johnathan Stone johnathan.stone@oag.texas.gov 4/30/2025 11:31:08 AM SENT
Jennifer Roscetti Jennifer.Roscetti@oag.texas.gov 4/30/2025 11:31:08 AM SENT CAUSE NO. 25-01-00561
STATE OF TEXAS § IN THE DISTRICT COURT OF § vs. § MONTGOMERY COUNTY, TEXAS § THE ALLSTATE CORPORATION; § 457TH JUDICIAL DISTRICT ALLSTATE INSURANCE COMPANY; ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY ; ARITY, LLC; ARITY 875, LLC; ARITY SERVICES, LLC
ORDER GRANTING SPECIAL APPEARANCES On this day came for consideration Defendant The Allstate Corporation’s Sworn Special Appearance and Defendant Arity 875, LLC’s Sworn Special Appearance. The Court, having considered the Motions, any responses thereto, and arguments of the parties, is of the opinion that the Motions should GRANTED. It is therefore: ORDERED that the Affidavits filed by Plaintiff The State of Texas on April 3, 2024 in response to the Special Appearances were filed untimely pursuant to Rule 120a(3) of the Texas Rules of Civil Procedure and are therefore STRUCK and were not considered by the Court. ORDERED that Defendant The Allstate Corporation’s Sworn Special Appearance is GRANTED. It is hereby ORDERED that Defendant The Allstate Corporation is dismissed for lack of personal jurisdiction. ORDERED that Defendant Arity 875, LLC’s Sworn Special Appearance is GRANTED. It is hereby ORDERED that Defendant Arity 875, LLC is dismissed for lack of personal jurisdiction.
Signed ______________
_____________________________ VINCENZO SANTINI, Presiding Judge