Texas Department of Agriculture v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; And Jaron Barganier

Court of Appeals of Texas

Texas Department of Agriculture v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; And Jaron Barganier

DecidedMay 28, 2025

Docket15-25-00089-CV

StatusPublished

This text of Texas Department of Agriculture v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; And Jaron Barganier (Texas Department of Agriculture v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; And Jaron Barganier) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Texas Department of Agriculture v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; And Jaron Barganier, (Tex. Ct. App. 2025).

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Opinion

ACCEPTED 15-25-00089-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/28/2025 11:58 AM No. 15-25-00089-CV CHRISTOPHER A. PRINE CLERK

In the Court of Appeals for the Fifteenth Judicial District FILED IN 15th COURT OF APPEALS

Austin, Texas AUSTIN, TEXAS 5/28/2025 11:58:52 AM CHRISTOPHER A. PRINE Clerk Texas department of agriculture, et al., Appellants, v. be a champion, inc., james hong, kevin Klotz, George moon, and jaron barganier Appellees.

On Appeal from the 200th Judicial District Court, Travis County

APPELLANTS’ MOTION FOR AN EXTENSION

Texas Department of Agriculture, et al. (“Appellants”) seek a 23-

day extension of the deadline to file their opening appellate brief in this

case. Appellants’ brief is currently due on June 16, 2025. With the

extension, Appellants’ brief would be due on July 9, 2025.

Appellants seek this extension as their counsel has various other

deadlines coming due over the next month or so that are competing for

his attention. These deadlines include:

1 • June 4, 2025: Filing a response to the plaintiff’s motion to substitute service in Meade v. Hurley, 4:25-cv-00093 (N.D. Tex.); • June 13, 2025: Filing an answer to the plaintiff’s third amended complaint in Salamah v. University of Texas Southwestern Medical Center, 3:24-cv-00477 (N.D. Tex.); • June 23, 2025: Filing an appellate brief with the Fifth Circuit in Martinez v. University of Texas at Austin, 1:23-cv-01574 (W.D. Tex.); and • July 1, 2025: Filing a motion to dismiss in Heilrayne v. University of Texas at Austin, 1:25-cv-00640 (W.D. Tex).

Additionally, this case is relatively complicated, involving a plea to

the jurisdiction and a response to that plea that were both over 50 pages.

Appellants need additional time to adequately brief the issues present in

this case to this Court.

Thus, Appellants respectfully request that the Court extend the

deadline to file their opening brief in this case to July 9, 2025. This is

Appellants’ first request for an extension.

Date: May 28, 2025 Respectfully Submitted.

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

2 AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief, General Litigation Division

/s/ Todd Dickerson TODD A. DICKERSON Attorney-in-Charge Texas Bar No. 24118368 Todd.Dickerson@oag.texas.gov Assistant Attorney General Office of the Attorney General P.O. Box 12548-Capitol Station Austin, Texas 78711-2548 (512) 463-2120 FAX: (512) 320-0667 COUNSEL FOR DEFENDANTS- APPELLANTS

CERTIFICATE OF SERVICE

I hereby certify that on May 28, 2025, this document was served via

CM/ECF on Plaintiffs-Appellees and transmitted to the Clerk of the

Court.

/s/ Todd Dickerson

3 CERTIFICATE OF CONFERENCE

On May 28, 2025, I conferred by email with Appellees’ counsel

(Kevin Terrazas and Benjamin Dower) about the subject of this motion.

Appellees’ counsel advised that they were unopposed to the instant

request.

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.

Todd Dickerson on behalf of Todd Dickerson Bar No. 24118368 todd.dickerson@oag.texas.gov Envelope ID: 101326622 Filing Code Description: Motion Filing Description: Appellants Motion for Extension to File Status as of 5/28/2025 12:12 PM CST

Associated Case Party: Be a Champion, Inc.

Name BarNumber Email TimestampSubmitted Status

Kevin Terrazas 24060708 kterrazas@terrazaspllc.com 5/28/2025 11:58:52 AM SENT

Benjamin Dower 24082931 bdower@terrazaspllc.com 5/28/2025 11:58:52 AM SENT

Jennifer Foster 24104938 jfoster@terrazaspllc.com 5/28/2025 11:58:52 AM SENT

Associated Case Party: Texas Department of Agriculture

Todd Dickerson todd.dickerson@oag.texas.gov 5/28/2025 11:58:52 AM SENT

Chelsea Goodman chelsea.goodman@oag.texas.gov 5/28/2025 11:58:52 AM SENT

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ACCEPTED 15-25-00089-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/28/2025 11:58 AM No. 15-25-00089-CV CHRISTOPHER A. PRINE CLERK

In the Court of Appeals for the Fifteenth Judicial District FILED IN 15th COURT OF APPEALS

Austin, Texas AUSTIN, TEXAS 5/28/2025 11:58:52 AM CHRISTOPHER A. PRINE Clerk Texas department of agriculture, et al., Appellants, v. be a champion, inc., james hong, kevin Klotz, George moon, and jaron barganier Appellees.

On Appeal from the 200th Judicial District Court, Travis County

APPELLANTS’ MOTION FOR AN EXTENSION

Texas Department of Agriculture, et al. (“Appellants”) seek a 23-

day extension of the deadline to file their opening appellate brief in this

case. Appellants’ brief is currently due on June 16, 2025. With the

extension, Appellants’ brief would be due on July 9, 2025.

Appellants seek this extension as their counsel has various other

deadlines coming due over the next month or so that are competing for

his attention. These deadlines include:

1 • June 4, 2025: Filing a response to the plaintiff’s motion to substitute service in Meade v. Hurley, 4:25-cv-00093 (N.D. Tex.); • June 13, 2025: Filing an answer to the plaintiff’s third amended complaint in Salamah v. University of Texas Southwestern Medical Center, 3:24-cv-00477 (N.D. Tex.); • June 23, 2025: Filing an appellate brief with the Fifth Circuit in Martinez v. University of Texas at Austin, 1:23-cv-01574 (W.D. Tex.); and • July 1, 2025: Filing a motion to dismiss in Heilrayne v. University of Texas at Austin, 1:25-cv-00640 (W.D. Tex).

Additionally, this case is relatively complicated, involving a plea to

the jurisdiction and a response to that plea that were both over 50 pages.

Appellants need additional time to adequately brief the issues present in

this case to this Court.

Thus, Appellants respectfully request that the Court extend the

deadline to file their opening brief in this case to July 9, 2025. This is

Appellants’ first request for an extension.

Date: May 28, 2025 Respectfully Submitted.

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

2 AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief, General Litigation Division

/s/ Todd Dickerson TODD A. DICKERSON Attorney-in-Charge Texas Bar No. 24118368 Todd.Dickerson@oag.texas.gov Assistant Attorney General Office of the Attorney General P.O. Box 12548-Capitol Station Austin, Texas 78711-2548 (512) 463-2120 FAX: (512) 320-0667 COUNSEL FOR DEFENDANTS- APPELLANTS

CERTIFICATE OF SERVICE

I hereby certify that on May 28, 2025, this document was served via

CM/ECF on Plaintiffs-Appellees and transmitted to the Clerk of the

Court.

/s/ Todd Dickerson

3 CERTIFICATE OF CONFERENCE

On May 28, 2025, I conferred by email with Appellees’ counsel

(Kevin Terrazas and Benjamin Dower) about the subject of this motion.

Appellees’ counsel advised that they were unopposed to the instant

request.

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.

Todd Dickerson on behalf of Todd Dickerson Bar No. 24118368 todd.dickerson@oag.texas.gov Envelope ID: 101326622 Filing Code Description: Motion Filing Description: Appellants Motion for Extension to File Status as of 5/28/2025 12:12 PM CST

Associated Case Party: Be a Champion, Inc.

Name BarNumber Email TimestampSubmitted Status

Kevin Terrazas 24060708 kterrazas@terrazaspllc.com 5/28/2025 11:58:52 AM SENT

Benjamin Dower 24082931 bdower@terrazaspllc.com 5/28/2025 11:58:52 AM SENT

Jennifer Foster 24104938 jfoster@terrazaspllc.com 5/28/2025 11:58:52 AM SENT

Associated Case Party: Texas Department of Agriculture

Todd Dickerson todd.dickerson@oag.texas.gov 5/28/2025 11:58:52 AM SENT

Chelsea Goodman chelsea.goodman@oag.texas.gov 5/28/2025 11:58:52 AM SENT

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Texas Department of Agriculture v. Be a Champion, Inc.; James Hong; Kevin Klotz; George Moon; And Jaron Barganier, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-department-of-agriculture-v-be-a-champion-inc-james-hong-kevin-texapp-2025.