Texas Department of Public Safety v. Leroy Torres

Opinion

ACCEPTED 15-24-00089-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/26/2025 2:39 PM CAUSE NO. 15-24-00089-CV CHRISTOPHER A. PRINE ____________________________________________________________ CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT 3/26/2025 2:39:05 PM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk ____________________________________________________________

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant,

v.

LE ROY TORRES, Appellee. __________________________________________________________________

On Appeal from the County Court at Law Number One, Nueces County No. 2017-CCV-61016-1 ________________________________________________________________________

APPELLEE’S RESPONSE TO APPELLANT’S MOTION FOR CONTINUANCE OF ORAL ARGUMENT ________________________________________________________________________

Stephen J. Chapman Brian J. Lawler State Bar No. 24001870 Pro Hac Vice CHAPMAN LAW FIRM PILOT LAW, P.C. 710 N. Mesquite, 2nd Floor 4632 Mt. Gaywas Drive Corpus Christi, Texas 78401 San Diego, California 92117 Telephone: (361) 883-9160 Telephone: (619) 255-2398 Facsimile: (361) 883-9164 Facsimile: (619) 231-4984 schapman@chaplaw.net blawler@pilotlawcorp.com

Attorneys for Appellee

Response to Motion for Continuance Page i TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Plaintiff/Appellee Le Roy Torres hereby files this Response to Appellant’s

Opposed Motion for Continuance of Oral Argument, scheduled for April 15, 2025.

In support of his Response, Appellee respectfully submits the following:

The jury in this case returned a unanimous verdict in Appellee’s favor on

September 20, 2023, nearly a year and a half ago. The trial court entered a modified

final judgment on March 26, 2024. On April 17, 2024, Appellant filed a Motion for

New Trial, which the trial court denied on May 29, 2024.

On June 20, 2024, Appellant timely filed its Notice of Appeal with the trial

court, which was docketed in the Thirteenth Court of Appeals on June 21, 2024. On

September 3, 2024, the case was transferred to this Court.

On September 20, 2024, Appellant filed a Motion for Extension to file its

Opening Brief, which Appellee did not oppose, and on October 24, 2024, Appellant

filed its Opening Brief. On November 19, 2024, Appellee filed his Motion for

Extension of Time to file his Response Brief, which Appellant did not oppose, and

on December 16, 2024, Appellee filed his Response Brief.

On December 17, 2024, Appellant filed a Motion for Extension to file its

Reply Brief, which Appellee did not oppose, and on January 24, 2025, Appellant

filed its Reply Brief.

Response to Motion for Continuance Page - 1 - Now, comes Appellant and requests another continuance of more than a

month in a case that has been pending post-verdict for nearly 18 months. Mr. Torres

cannot agree to the requested extension and respectfully opposes it.

Moreover, Appellee’s counsel, Mr. Lawler, has a mediation in Richmond,

Virginia from May 20-22, 2025, and a pre-planned vacation from May 23-28, 2025.

Mr. Lawler also has a trial set on June 17, 2025, in the Southern District of West

Virginia in the matter of Josh Workman v. Scenic Enterprise, Inc, Case No. 2:23-cv-

00783, with its pretrial conference on June 2, 2025, and the final settlement

conference on June 16, 2025, all in person in Charleston, West Virginia.

Mr. Lawler is also scheduled to attend the National Employment Lawyers

Association (“NELA”) Annual Convention in Baltimore, Maryland from June 25-

28, 2025. It is time for this appeal to be heard. Mr. Torres has grave medical

conditions that have gotten, and will continue to get worse, and the ongoing delays

only prejudice him further as his health deteriorates.

PRAYER

Therefore, Plaintiff/Appellee Captain Le Roy Torres respectfully requests that

this Court deny Appellant’s Motion for Continuance and set oral argument in this

case for April 15, 2025.

Response to Motion for Continuance Page - 2 - Respectfully submitted,

By: /s/ Stephen J. Chapman Stephen J. Chapman WEBB, CASON & MANNING 710 Mesquite Street Corpus Christi, Texas 78401 Telephone: (361) 887-1031 Facsimile: (361) 887-0903 State Bar No. 24001870 steve@wcctxlaw.com

Brian J. Lawler Pro Hac Vice PILOT LAW, P.C. 4632 Mt. Gaywas Dr. San Diego, California 92117 Telephone: (619) 255-2398 Facsimile: (619) 231-4984 blawler@pilotlawcorp.com

CERTIFICATE OF COMPLIANCE

Microsoft Word reports that this brief contains 445 words, excluding the

portions of the brief exempted by Rule 9.4(i)(1).

/s/ Stephen J. Chapman Stephen J. Chapman

Response to Motion for Continuance Page - 3 - CERTIFICATE OF SERVICE

I, Stephen J. Chapman, certify that a true and correct copy of the foregoing

instrument was forwarded to all counsel of record as required by the T.R.A.P., on

this the 26th day of March 2025.

Ken Paxton Jeffrey C. Mateer Scott A. Keller John C. Sullivan (lead counsel) Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548

Jason T. Contreras Assistant Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548

/s/ Stephen J. Chapman Stephen J, Chapman

Response to Motion for Continuance Page - 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.

Jennifer Pena on behalf of Stephen Chapman Bar No. 24001870 jennifer@wcctxlaw.com Envelope ID: 98922465 Filing Code Description: Response Filing Description: Appellee's Response to Appellant's Motion for Continuance of Oral Argument Status as of 3/26/2025 2:45 PM CST

Associated Case Party: Texas Department of Public Safety

Name BarNumber Email TimestampSubmitted Status

Jason Contreras Jason.contreras@oag.texas.gov 3/26/2025 2:39:05 PM SENT

Nicole A.Myette nicole.myette@oag.texas.gov 3/26/2025 2:39:05 PM SENT

Associated Case Party: Leroy Torres

Stephen Chapman 24001870 steve@wcctxlaw.com 3/26/2025 2:39:05 PM SENT

Brian J.Lawler blawler@pilotlawcorp.com 3/26/2025 2:39:05 PM SENT

Matthew Manning 24075847 service@wcctxlaw.com 3/26/2025 2:39:05 PM SENT