Texas Alcoholic Beverage Commission v. Earl Pearson

Court of Appeals of Texas·Decided May 22, 2025·No. 15-25-00037-CV·Published

Opinion

ACCEPTED 15-25-00037-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/22/2025 1:06 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 Fifteenth Judicial District 5/22/2025 1:06:30 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 _______________

APPELLANT’S UNOPPOSED SECOND 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 10.5(b) and 38.6(d),

Defendant-Appellant moves for an extension of time of four weeks to file its brief,

and would respectfully show the court the following:

Appellant’s brief is due on Tuesday, May 27, 2025. Appellant requests that

this Court grant an extension of time of four weeks until Tuesday June 24, 2025, to

file Appellant’s brief.

Appellant requests this extension because counsel for Appellant has been

involved in post-trial activities following completion of the jury trial in Greig v.

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

May 13. Additionally, counsel for Appellant has been ill and required to take leave

that interfered with her ability 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.

This is Appellant’s second request for an extension of time.

Appellant has conferred with counsel for Appellee, and he has indicated that

he does not oppose this motion.

-1- 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 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 May 22, 2025, to all counsel of record:

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

CERTIFICATE OF CONFERENCE

I certify that on May 22, 2025, a representative of 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: 101162014 Filing Code Description: Motion Filing Description: APPELLANTS UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS BRIEF Status as of 5/22/2025 1:18 PM CST

Associated Case Party: Earl Pearson

Name BarNumber Email TimestampSubmitted Status

John Melton 24013155 jmelton@jfmeltonlaw.com 5/22/2025 1:06:30 PM SENT

Michael Balcezak Michael@jfmeltonlaw.com 5/22/2025 1:06:30 PM SENT

Associated Case Party: Texas Alcoholic Beverage Commission

LASHANDA GREEN lashanda.green@oag.texas.gov 5/22/2025 1:06:30 PM SENT

KELSEY WARREN kelsey.warren@oag.texas.gov 5/22/2025 1:06:30 PM SENT

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ACCEPTED 15-25-00037-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/22/2025 1:06 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 Fifteenth Judicial District 5/22/2025 1:06:30 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 _______________

APPELLANT’S UNOPPOSED SECOND 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 weeks to file its brief,

and would respectfully show the court the following:

Appellant’s brief is due on Tuesday, May 27, 2025. Appellant requests that

this Court grant an extension of time of four weeks until Tuesday June 24, 2025, to

file Appellant’s brief.

Appellant requests this extension because counsel for Appellant has been

involved in post-trial activities following completion of the jury trial in Greig v.

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

May 13. Additionally, counsel for Appellant has been ill and required to take leave

that interfered with her ability 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.

This is Appellant’s second request for an extension of time.

Appellant has conferred with counsel for Appellee, and he has indicated that

he does not oppose this motion.

-1- 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 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 May 22, 2025, to all counsel of record:

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

CERTIFICATE OF CONFERENCE

I certify that on May 22, 2025, a representative of 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 5/22/2025 1:06:30 PM SENT

Michael Balcezak Michael@jfmeltonlaw.com 5/22/2025 1:06:30 PM SENT

Associated Case Party: Texas Alcoholic Beverage Commission

LASHANDA GREEN lashanda.green@oag.texas.gov 5/22/2025 1:06:30 PM SENT

KELSEY WARREN kelsey.warren@oag.texas.gov 5/22/2025 1:06:30 PM SENT

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

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