Texas Alcoholic Beverage Commission v. Earl Pearson

Court of Appeals of Texas·Decided April 25, 2025·No. 15-25-00037-CV·Published

Opinion

ACCEPTED 15-25-00037-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/25/2025 5:19 PM No. 15-25-00037-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Court of Appeals 15th COURT OF APPEALS AUSTIN, TEXAS

for the Third Judicial District 4/25/2025 5:19:21 PM CHRISTOPHER A. PRINE

Austin, Texas Clerk

_______________

T EXAS A LCOHOLIC B EVERAGE C OMMISSION , Appellant,

E ARL P EARSON , Appellee. _______________

On Appeal from the 261st Judicial District Court, Travis County _______________

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF _______________

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

BRENT WEBSTER KELSEY L. WARREN First Assistant Attorney General Assistant Attorney General Texas Bar No. 24095736 RALPH MOLINA Deputy First Assistant Attorney General Office of the Attorney General General Litigation Division AUSTIN KINGHORN P.O. Box 12548, Capitol Station Deputy Attorney General for Civil Austin, Texas 78711-2548 Litigation (512) 475-4083| FAX: (512) 320-0667 kelsey.warren@oag.texas.gov Pursuant to Texas Rules of Appellate Procedure 38.6(d) and 10.5(b),

Defendant-Appellant moves for an extension of time of four (4) weeks to file its

brief, and would respectfully show the court the following:

Appellant’s brief is due on Monday, April 28, 2025. This is Appellant’s first

request for an extension of time.

Appellant requests this extension because counsel for Appellant is currently

scheduled for jury trial. Jury selection will begin on Monday, May 12, 2025, in Greig

v. Texas A&M University Texarkana, No. 5:23-cv-00030-JRG-JBB (E.D. Tex.).

Trial is expected to last at least a week.

Appellant counsel will also be out of the country from May 28, 2025 – June

8, 2025.

Because of the trial setting, counsel has been unable to devote the requisite

time to preparation of Appellant’s brief. The requested extension is reasonable and

necessary to allow Appellant adequate time to prepare its brief. This request is not

made for delay, but only so that justice may be done.

Appellant therefore requests that this Court grant an extension of time of four

(4) weeks until August 24, 2025, for file Appellant’s brief.

KEN PAXTON Attorney General of Texas

-1- BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief for General Litigation Division

/s/Kelsey L. Warren KELSEY L. WARREN Assistant Attorney General Texas Bar No. 24095736 Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 475-4083| FAX: (512) 320-0667 kelsey.warren@oag.texas.gov

Counsel for Defendants-Appellant

-2- CERTIFICATE OF SERVICE

I certify that a true and accurate copy of the foregoing document was filed and served electronically on April 25, 2025, to all counsel of record:

/s/Kelsey L. Warren KELSEY L. WARREN Assistant Attorney General

CERTIFICATE OF CONFERENCE

I certify that on April 25, 2025, counsel for Appellant conferred counsel for Appellee Earl Pearson who indicated he was not opposed.

/s/Kelsey L. Warren KELSEY L. WARREN Assistant Attorney General

-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.

La Shanda Green on behalf of Kelsey Warren Bar No. 24095736 lashanda.green@oag.texas.gov Envelope ID: 100122708 Filing Code Description: Motion Filing Description: 20250425_MET Status as of 4/28/2025 7:08 AM CST

Associated Case Party: Earl Pearson

Name BarNumber Email TimestampSubmitted Status

John Melton 24013155 jmelton@jfmeltonlaw.com 4/25/2025 5:19:21 PM SENT

Michael Balcezak Michael@jfmeltonlaw.com 4/25/2025 5:19:21 PM SENT

Associated Case Party: Texas Alcoholic Beverage Commission

LASHANDA GREEN lashanda.green@oag.texas.gov 4/25/2025 5:19:21 PM SENT

KELSEY WARREN kelsey.warren@oag.texas.gov 4/25/2025 5:19:21 PM SENT

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ACCEPTED 15-25-00037-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/25/2025 5:19 PM No. 15-25-00037-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Court of Appeals 15th COURT OF APPEALS AUSTIN, TEXAS

for the Third Judicial District 4/25/2025 5:19:21 PM CHRISTOPHER A. PRINE

Austin, Texas Clerk

_______________

T EXAS A LCOHOLIC B EVERAGE C OMMISSION , Appellant,

E ARL P EARSON , Appellee. _______________

On Appeal from the 261st Judicial District Court, Travis County _______________

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF _______________

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

Defendant-Appellant moves for an extension of time of four (4) weeks to file its

brief, and would respectfully show the court the following:

Appellant’s brief is due on Monday, April 28, 2025. This is Appellant’s first

request for an extension of time.

Appellant requests this extension because counsel for Appellant is currently

scheduled for jury trial. Jury selection will begin on Monday, May 12, 2025, in Greig

v. Texas A&M University Texarkana, No. 5:23-cv-00030-JRG-JBB (E.D. Tex.).

Trial is expected to last at least a week.

Appellant counsel will also be out of the country from May 28, 2025 – June

8, 2025.

Because of the trial setting, counsel has been unable to devote the requisite

time to preparation of Appellant’s brief. The requested extension is reasonable and

necessary to allow Appellant adequate time to prepare its brief. This request is not

made for delay, but only so that justice may be done.

Appellant therefore requests that this Court grant an extension of time of four

(4) weeks until August 24, 2025, for file Appellant’s brief.

KEN PAXTON Attorney General of Texas

-1- BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief for General Litigation Division

Counsel for Defendants-Appellant

-2- CERTIFICATE OF SERVICE

I certify that a true and accurate copy of the foregoing document was filed and served electronically on April 25, 2025, to all counsel of record:

/s/Kelsey L. Warren KELSEY L. WARREN Assistant Attorney General

CERTIFICATE OF CONFERENCE

I certify that on April 25, 2025, counsel for Appellant conferred counsel for Appellee Earl Pearson who indicated he was not opposed.

/s/Kelsey L. Warren KELSEY L. WARREN Assistant Attorney General

Associated Case Party: Earl Pearson

Name BarNumber Email TimestampSubmitted Status

John Melton 24013155 jmelton@jfmeltonlaw.com 4/25/2025 5:19:21 PM SENT

Michael Balcezak Michael@jfmeltonlaw.com 4/25/2025 5:19:21 PM SENT

Associated Case Party: Texas Alcoholic Beverage Commission

LASHANDA GREEN lashanda.green@oag.texas.gov 4/25/2025 5:19:21 PM SENT

KELSEY WARREN kelsey.warren@oag.texas.gov 4/25/2025 5:19:21 PM SENT

Texas Alcoholic Beverage Commission v. Earl Pearson, (Tex. Ct. App. 2025).

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