Tarleton State University v. Foundation for Individual Rights and Expression

Opinion

ACCEPTED 15-24-00057-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/24/2025 2:59 PM CHRISTOPHER A. PRINE CLERK No. 15-24-00057-CV FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS In the Fifteenth Court of Appeals 4/24/2025 2:59:50 PM CHRISTOPHER A. PRINE Austin, Texas Clerk

TARLETON STATE UNIVERSITY, Appellant and Cross-Appellee,

v. F OUNDATION FOR I NDIVIDUAL R IGHTS AND E XPRESSION , Appellee and Cross-Appellant.

On Appeal From Cause No. CV37178 In the 266th Judicial District Court of Erath County, Texas, Honorable Jason Cashon, Presiding Judge

APPELLANT’S MOTION TO WITHDRAW AND SUBSITUTE COUNSEL

TO THE HONORABLE JUDGE OF SAID COURT:

Alyssa Bixby-Lawson moves for leave to withdraw as counsel for Appellant, Tarleton State

University in the above-captioned case on the grounds that she is leaving her employment with the

Office of the Attorney General and will no longer be representing Appellant. Kimberly Gdula,

Division Chief in the General Litigation Division, has subsequently been assigned to represent

Appellant in this appeal. Ms. Gdula is a member of the State Bar of Texas and is in good standing.

Ms. Gdula’s contact information is as follows:

KIMBERLY GDULA Texas Bar No. 24052209 Assistant Attorney General General Litigation Division Office of the Attorney General

1 P.O. Box 12548/Mail Stop 019-1 Austin, Texas 78711-2548 Tel: (512) 475-4071 Fax: (512) 302-0667 Kimberly.Gdula@oag.texas.gov

Appellant respectfully request that the Court remove Ms. Bixby-Lawson as counsel of

record and attorney-in-charge for this appeal. The undersigned has conferred with counsel for

Appellees, who indicated they are unopposed to the withdrawal of Ms. Bixby-Lawson and

substitution of Ms. Gdula as counsel in charge of Petitioner.

PRAYER

Appellant requests that Ms. Gdula be added to all future correspondence and notifications

of filings in this matter and be substituted as lead counsel, and that Ms. Bixby-Lawson be removed

as counsel of record.

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 Texas Bar No. 24122680 alyssa.bixby-lawson@oag.texas.gov

/s/ Kimberly Gdula

2 Kimberly Gdula Texas Bar No. 24052209 Assistant Attorney General General Litigation Division Office of the Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: (512) 475-4071 Fax: (512) 320-0667 Kimberly.Gdula@oag.texas.gov

COUNSEL FOR APPELLANT

3 CERTIFICATE OF CONFERENCE

I certify that on April 24, 2025, I conferred with opposing counsel, and they are unopposed to this motion.

/s/Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Assistant Attorney General

CERTIFICATE OF SERVICE

I certify that on April 24, 2025, this document was filed electronically via the Court’s CM/ECF system, causing electronic service upon all counsel of record.

/s/Alyssa Bixby-Lawson ALYSSA BIXBY-LAWSON Assistant Attorney General

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.

Victoria Gomez on behalf of Alyssa Bixby-Lawson Bar No. 24122680 victoria.gomez@oag.texas.gov Envelope ID: 100056502 Filing Code Description: Motion Filing Description: 20250424_MTW and Sub Status as of 4/24/2025 4:07 PM CST

Associated Case Party: Member of the Public (MOTP)

Name BarNumber Email TimestampSubmitted Status

Wolfgang Hirczy de Mino wphdmphd@gmail.com 4/24/2025 2:59:50 PM SENT

Associated Case Party: WolfgangP.Hirczy de Mino

Wolfgang PHirczy de Mino wphdmphd@gmail.com 4/24/2025 2:59:50 PM SENT

Associated Case Party: TARLETON STATE UNIVERSITY

Victoria Gomez victoria.gomez@oag.texas.gov 4/24/2025 2:59:50 PM SENT

Alyssa Bixby-Lawson alyssa.bixby-lawson@oag.texas.gov 4/24/2025 2:59:50 PM SENT

Associated Case Party: FIRE

Gabriel Walters gabe.walters@thefire.org 4/24/2025 2:59:50 PM SENT

JT Morris jt.morris@thefire.org 4/24/2025 2:59:50 PM SENT