Texas Department of Public Safety v. Leroy Torres

Opinion

ACCEPTED 15-24-00089-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/25/2025 9:12 AM No. 15-24-00089-CV CHRISTOPHER A. PRINE CLERK IN THE COURT OF APPEALS FILED IN 15th COURT OF APPEALS FOR THE FIFTEENTH JUDICIAL DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 3/25/2025 9:12:01 AM __________________________________________________ CHRISTOPHER A. PRINE Clerk

TEXAS DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellant, v. LEROY TORRES, Plaintiff-Appellee. _________________________________________________

On Appeal from the County Court at Law Number One Nueces County, Texas Trial Court Cause No. 2017-CCV-61016-1 _________________________________________________

APPELLANT’S OPPOSED MOTION FOR CONTINUANCE OF ORAL ARGUMENT

KEN PAXTON KIMBERLY GDULA Attorney General of Texas Chief, Law Enforcement Defense

BRENT WEBSTER JASON T. CONTRERAS* First Assistant Attorney General Assistant Attorney General Texas Bar No. 24032093 RALPH MOLINA Office of the Attorney General Deputy First Assistant General Litigation Division Attorney General Post Office Box 12548 Austin, Texas 78711-2548 AUSTIN KINGHORN (512) 463-2120 / (512) 320-0667 Deputy Attorney General for jason.contreras@oag.texas.gov Civil Litigation *Counsel of Record TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Appellant, the Texas Department of Public Safety, files this opposed motion

for a continuance of oral argument scheduled for April 15, 2025 as counsel for

Appellant has a scheduling conflict. In support of this motion, Appellant respectfully

offers the following:

I. MOTION FOR CONTINUANCE

This appeal is currently set for oral argument on Tuesday, April 15, 2025 at

1:30 PM. Appellant respectfully asks this Court to continue the April 15th setting and

reset this matter for a date in the late May 2025 time-period, or a later date the Court

finds most convenient to allow the parties to fully prepare the case for presentation

to the Court and the justice panel.

Good cause exists for granting this motion. In this regard, the same week that

oral argument has been set in this case, counsel for Appellant has a setting in another

matter involving substantial preparation and travel to a state district court in Brazos

County, Texas. Additionally, counsel for Appellant has a trial setting on May 5, 2025

in Travis County state district court, which is expected to last two weeks. This short

extension would not prejudice either party and would allow both parties sufficient

time to both prepare for oral argument and be available to attend same.

2 This is the first continuance of oral argument requested in this case. A

continuance will not cause prejudice to either party. This continuance is not sought

for delay but so that justice may be done.

II. CONCLUSION

Accordingly, Appellant respectfully requests that the Court grant this motion

thereby continuing oral argument in this matter to late May 2025.

Dated: March 25, 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/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General Texas Bar No. 24032093 Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 210-270-1109 Fax: 512-320-0667

3 Email: Jason.Contreras@oag.texas.gov Attorneys for Defendant

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document was served electronically through the electronic-filing manager, File and Serve Texas, on March 25, 2025 to:

Stephen J. Chapman Webb Cason & Manning, P.C. 710 N. Mesquite Street Corpus Christi, TX 78401 steve@wcctxlaw.com; service@wcctxlaw.com

Brian J. Lawler Pro Hac Vice Pilot Law, P.C. 4632 Mt. Gaywas Drive San Diego, CA 92117 blawler@pilotlawcorp.com Counsel for Plaintiff

/s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General

CERTIFICATE OF CONFERENCE

I, Jason T. Contreras, Assistant Attorney General for the Office of the

Attorney General, certify that I contacted opposing counsel who indicated

opposition to this motion. No reason was given for the opposition.

/s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General

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.

Nicole Myette on behalf of Jason Contreras Bar No. 24032093 nicole.myette@oag.texas.gov Envelope ID: 98838930 Filing Code Description: Motion - Exempt Filing Description: 20250325_Aplnts MCont OA Status as of 3/25/2025 9:24 AM CST

Associated Case Party: Leroy Torres

Name BarNumber Email TimestampSubmitted Status

Stephen Chapman 24001870 steve@wcctxlaw.com 3/25/2025 9:12:01 AM SENT

Brian J.Lawler blawler@pilotlawcorp.com 3/25/2025 9:12:01 AM SENT

Matthew Manning 24075847 service@wcctxlaw.com 3/25/2025 9:12:01 AM SENT

Associated Case Party: Texas Department of Public Safety

Jason Contreras Jason.contreras@oag.texas.gov 3/25/2025 9:12:01 AM SENT

Nicole A.Myette nicole.myette@oag.texas.gov 3/25/2025 9:12:01 AM SENT