Texas Education Agency v. Excellence 2000 INC. and Sherwin Allen

Opinion

ACCEPTED 15-25-00148-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 11/21/2025 10:05 AM No. 15-25-00148-CV CHRISTOPHER A. PRINE CLERK

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

Houston, Texas AUSTIN, TEXAS 11/21/2025 10:05:48 AM CHRISTOPHER A. PRINE Clerk Texas Education Agency, Appellant, v. Excellence 2000 INC., Appellee.

On Appeal from the 125th Judicial District Court, Harris County Cause No. 2022-55524

APPELLANT’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Appellant Texas Education Agency (“Appellant”) requests a 14-day extension

of the deadline to file its reply brief in this matter. In support of this motion,

Appellant would respectfully show as follows:

1. Appellant’s reply brief is currently due on December 3, 2025.

2. Appellant requests a 14-day extension to this deadline, through and

until Wednesday, December 17, 2025, for filing its reply brief.

3. This is Appellant’s first request for an extension of time to file its reply

1 brief.

4. Appellant’s counsel has conferred with Appellee’s counsel, who has

stated that Appellee is unopposed to this request.

5. A motion to extend the time to file a brief may be filed before or after

the date a brief is due. See Tex. R. App. P. 38.6(d). Pursuant to Texas Rule of

Appellate Procedure 10.5(b)(1), such a motion must contain “(A) the deadline for

filing the item in question; (B) the length of the extension sought; (C) the facts relied

on to reasonably explain the need for an extension; and (D) the number of previous

extensions granted regarding the item in question.”

6. The extension is not sought for delay, but so that counsel may have

adequate time to prepare the reply brief. In addition to work on other matters,

counsel has pre-existing travel and vacation plans over the Thanksgiving holiday. An

additional 14 days will allow counsel to complete the reply brief in an orderly manner

alongside other obligations.

Dated: November 21, 2025 Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

2 RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

KIMBERLY GDULA Chief – General Litigation Division

/s/Joe Nwaokoro JOE NWAOKORO Attorney-in-charge Texas Bar No. 24032916 Assistant Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 463-2120 | FAX: (512) 320-0667 Joe.Nwaokoro@oag.texas.gov

ATTORNEYS FOR APPELLANT TEXAS EDUCATION AGENCY

CERTIFICATE OF CONFERENCE

I certify that I conferred with Appellee’s counsel by email regarding the foregoing Appellant’s Motion to Extend Time to File Appellant's Reply Brief, and Appellee is unopposed.

/s/ Joe Nwaokoro JOE NWAOKORO Assistant Attorney General

3 CERTIFICATE OF SERVICE

I hereby certify that on November 21, 2025, a true and correct copy of the foregoing document was filed and served via the Court’s electronic filing system to all counsel of record.

Melvin Houston 3033 Chimney Rock, Suite 610 Houston, Texas 77056 mhouston@gotellmel.com

Nikeyla Johnson 3033 Chimney Rock, Suite 610 Houston, Texas 77056 njohnson@contactjohnsonlawfirm.com /s/ Joe Nwaokoro JOE NWAOKORO 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.

Mary Sifuentes on behalf of Joseph Nwaokoro Bar No. 24032916 mary.sifuentes@oag.texas.gov Envelope ID: 108324579 Filing Code Description: Motion Filing Description: APPELLANTS FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF Status as of 11/21/2025 10:08 AM CST

Associated Case Party: Excellence 2000, Inc.

Name BarNumber Email TimestampSubmitted Status

Nikeyla Johnson 24065505 njohnson@contactjohnsonlawfirm.com 11/21/2025 10:05:48 AM SENT

Melvin Houston 793987 mhouston@gotellmel.com 11/21/2025 10:05:48 AM SENT

Associated Case Party: Texas Education Agency

Joe Nwaokoro Joe.Nwaokoro@oag.texas.gov 11/21/2025 10:05:48 AM SENT

Mary Sifuentes Mary.Sifuentes@oag.texas.gov 11/21/2025 10:05:48 AM SENT