State of Texas v. Arity 875, LLC

Opinion

ACCEPTED 15-25-00213-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 11/20/2025 4:12 PM CHRISTOPHER A. PRINE CLERK

In the Court of Appeals 15th AUSTIN, FILED IN COURT OF APPEALS TEXAS for the Fifteenth Judicial District11/20/2025 4:12:07 PM CHRISTOPHER A. PRINE Austin, Texas Clerk

State of Texas, Appellant, v. ARITY 875, LLC Appellee.

On Appeal from the 457th Judicial District Court, Montgomery County Trial Court Cause No. 25-01-00561

APPELLANT’S UNOPPOSED FIRST MOTION TO EXTEND TIME TO FILE APPELLANT’S NOTICE OF APPEAL

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Appellant, State of Texas, (“Appellant”) pursuant to Rule 26.3 of the Texas Rules of

Appellate Procedure files this Unopposed First Motion to Extend the Time to File Appellant's

Notice of Appeal by 15 days. Appellant respectfully shows the Court the following:

1. Appellant desires to appeal from the Order Granting Special Appearance in the 457th

Judicial District Court of Montgomery County, Texas, the Honorable Vincenzo Santini

presiding, on November 7, 2025. The trial court style and number of the case are as follows:

State of Texas v. Allstate Insurance Company, Allstate Vehicle and Property Insurance

Company, Allstate Fire and Casualty Insurance Company, Arity, LLC, Arity 875, LLC, and

Arity Services, LLC, , Cause No. 25–01–00561. 2. If not accounting for Rule 4 of the Texas Rules of Civil Procedure and Rule 4.1(a) of the

Texas Rules of Appellate Procedure, the deadline for filing the notice of appeal would be

November 27, 2025, the date of Thanksgiving Day, as listed in Texas Government Code

662.003. Accounting for the holiday, the actual deadline for filing the notice of appeal in

this case is December 1, 2025.

3. Appellant requests additional time because the December 1, 2025, deadline for filing the

notice of appeal falls immediately after the Thanksgiving holiday, requiring the attorneys

for the State of Texas to prepare during a period traditionally reserved for holiday

observance.

4. This is Appellant’s first request for extension to file the notice of appeal.

5. Appellant seeks an order extending the time for filing the notice of appeal for 15 days,

through and including December 16, 2025.

6. The extension of time requested will not prejudice or inconvenience Appellee Arity 875,

LLC.

7. The undersigned conferred with Appellee’s counsel regarding this motion on November

19, 2025, and Appellee confirmed on November 19, 2025, it is unopposed.

PRAYER

For these reasons, Appellant respectfully requests that the Court extend the deadline to file

its notice of appeal from December 1, 2025, by 15 days, through and including December 16, 2025.

2 Dated: November 20, 2025 Respectfully submitted,

KEN PAXTON /s/ Rick Berlin Attorney General of Texas RICK BERLIN (TX Bar No. 24055161) RICHARD MCCUTCHEON (TX Bar No. BRENT WEBSTER 24139547) First Assistant Attorney General MADELINE FOGEL (TX Bar No. 24141985) DANIEL ZWART (TX Bar No. 24070906) RALPH MOLINA KAYLIE BUETTNER (TX Bar No. 24109082) Deputy First Assistant Attorney General MEREDITH SPILLANE (TX Bar No. 24131685) Assistant Attorneys General AUSTIN KINGHORN OFFICE OF THE ATTORNEY GENERAL Deputy Attorney General for Civil Litigation Consumer Protection Division 808 Travis Street, Suite 1520 JOHNATHAN STONE Houston, Texas 77002 Chief, Consumer Protection Division Tel: (713) 223-5886 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 APPELLANT, THE STATE OF TEXAS

3 CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred

with Jake Sommer, attorney for Appellee Arity 875, LLC, who indicated that this motion is

unopposed.

/s/ Rick Berlin RICK BERLIN

CERTIFICATE OF SERVICE

I certify that on November 20, 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 WITTLIFF CUTTER PLLC Kelsey Harclerode 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 ZWILLGEN PLLC 183 Madison Ave., Suite 1601 New York, NY 10016 Tel: (646) 362-5590 Email: sudhir.rao@zwillgen.com

Attorneys for Defendants

/s/ Rick Berlin RICK BERLIN

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: 108302928 Filing Code Description: Motion Filing Description: 20251120 Motion to Extend Time to File Notice of Appeal 1551 Status as of 11/21/2025 7:26 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Rick Berlin Rick.Berlin@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Richard RMcCutcheon richard.mccutcheon@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Madeline Fogel madeline.fogel@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Daniel T.Zwart daniel.zwart@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Kaylie Buettner Kaylie.Buettner@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Meredith Spillane Meredith.Spillane@oag.texas.gov 11/20/2025 4:12:07 PM SENT

W. Reid Wittliff reid@wittliffcutter.com 11/20/2025 4:12:07 PM SENT

Kelsey Harclerode kelsey@zwillgen.com 11/20/2025 4:12:07 PM SENT

Jake Sommer jake@zwillgen.com 11/20/2025 4:12:07 PM SENT

Sudhir V. Rao sudhir.rao@zwillgen.com 11/20/2025 4:12:07 PM SENT