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

Opinion

ACCEPTED 15-25-00089-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 9/5/2025 10:38 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 9/5/2025 10:38:46 AM CHRISTOPHER A. PRINE Clerk T EXAS D EPARTMENT OF A GRICULTURE , ET AL ., Appellants, v.

B E A C HAMPION , I NC ., J AMES H ONG , K EVIN K LOTZ , G EORGE M OON, AND J ARON B ARGANIER , 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 seven-day

extension of their deadline to file a reply brief. Appellants’ reply brief is currently due

on September 15, 2025. With the extension, Appellants’ reply brief would be due on

September 22, 2025.

Appellants seek this extension as their counsel was out on August 27th,

September 1st, and September 2nd due to office closures and a family vacation. Further,

Appellants need additional time to adequately brief the complicated issues raised in this

case. Appellees’ counsel advised that they were unopposed to the instant request.

Thus, Appellants respectfully request that the Court extend the deadline to file

their reply brief in this case to September 22, 2025. This is Appellants’ first request for

an extension of their reply brief.

Date: September 5, 2025 Respectfully Submitted.

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, General Litigation Division

/s/ Todd Dickerson TODD 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

3

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was filed electronically and

that notice of this filing will be sent to all counsel who have appeared in this matter

through Texas’s electronic filing system on September 5, 2025.

/s/ Todd Dickerson

CERTIFICATE OF CONFERENCE

On September 3, 2025, I conferred by email with Appellees’ counsel (Kevin

Terrazas) about the subject of this motion. Appellees’ counsel advised that they were

unopposed to the instant request.

/s/ Todd Dickerson

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.

Thomas Ray on behalf of Todd Dickerson Bar No. 24118368 thomas.ray@oag.texas.gov Envelope ID: 105247541 Filing Code Description: Motion Filing Description: Appellants' Motion for Extension Status as of 9/5/2025 10:50 AM CST

Associated Case Party: Be a Champion, Inc.

Name BarNumber Email TimestampSubmitted Status

Kevin Terrazas 24060708 kterrazas@terrazaspllc.com 9/5/2025 10:38:46 AM SENT

Benjamin Dower 24082931 bdower@terrazaspllc.com 9/5/2025 10:38:46 AM SENT

Jennifer Foster 24104938 jfoster@terrazaspllc.com 9/5/2025 10:38:46 AM SENT

Associated Case Party: Texas Department of Agriculture

Name BarNumber Email TimestampSubmitted Status

Thomas Ray thomas.ray@oag.texas.gov 9/5/2025 10:38:46 AM SENT

Todd Dickerson todd.dickerson@oag.texas.gov 9/5/2025 10:38:46 AM SENT