Texas Racing Commission v. Toby Keeton

Opinion

ACCEPTED 15-25-00156-cv FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 11/17/2025 3:27 PM No. 15-25-00156-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth District Court of Appeals, Austin, TexasOF APPEALS 15th COURT AUSTIN, TEXAS 11/17/2025 3:27:36 PM

TEXAS RACING COMMISSION, CHRISTOPHER A. PRINE Clerk Appellant, v.

TOBY KEETON, Appellee.

On Appeal from the 353rd District Court of Travis County, Texas The Honorable Aurora Martinez-Jones, Presiding

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR APPELLANT’S BRIEF

Appellant, the Texas Racing Commission, respectfully requests an

18-day extension of time to December 15, 2025, in which to file its brief

in the captioned appeal. Appellee is unopposed to this motion. In support,

Appellant would show the Court as follows:

1. This is Appellant’s first request for an extension.

2. Appellant’s brief is due 20 days after both the court reporter’s and

clerk’s records are filed.

3. The clerk’s record was filed on November 4, 2025, and the reporter’s

record was filed on November 6, 2025. 4. Appellant’s brief is due on November 26, 2025.

5. This extension would make Appellant’s brief due Monday,

December 15, 2025.

6. Appellant has been inundated with multiple emergency cases,

which require immediate attention.

7. Additionally, the Office of the Attorney General has minimal staff

working or is closed from November 25-30, 2025.

8. This motion is not interposed for the purpose of delay, but only to

allow Appellant’s counsel the time to adequately prepare and file its brief,

and to maintain consistent briefing schedules.

9. Counsel for Appellee is not opposed to this motion.

Appellant, the Texas Racing Commission, therefore, respectfully

requests an extension of time to and including December 15, 2025, in

which Appellant is to file and serve its brief in the captioned appeal.

UNOPPOSED MOTION FOR EXTENSION OF TIME Case No. 15-25-00156-CV Page 2 of 4 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

ERNEST C. GARCIA Chief, Administrative Law Division

/s/ Lauren E. McGee LAUREN E. MCGEE State Bar No. 24128835 Assistant Attorney General Administrative Law Division Office of the Attorney General of Texas P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-3203 Lauren.McGee@oag.texas.gov

ATTORNEYS FOR APPELLANT TEXAS RACING COMMISSION

UNOPPOSED MOTION FOR EXTENSION OF TIME Case No. 15-25-00156-CV Page 3 of 4 CERTIFICATE OF CONFERENCE

I hereby certify that on November 13, 2025, counsel for all parties conferred via email about the contents of this Motion and are unopposed to the extensions being sought within the Motion.

/s/ Lauren McGee LAUREN MCGEE Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that on November 17, 2025, a true and correct copy of the above and foregoing document has been served to the following party of record via electronic service and/or electronic mail:

CLARK O. BREWSTER DON GRIFFIN, JR. State Bar No. 786841 State Bar No. 08456975 JOSEPH C. DE ANGELIS Vinson & Elkins, LLP Admitted Pro Hac Vice 845 Texas St., Ste 4700 Brewster & De Angelis, PLLC Houston, TX 77002-2946 2617 E. 21st Street Telephone: (713) 758-3508 Tulsa, OK 74114 dgriffin@velaw.com Telephone: (918) 742-2021 cbrewster@brewsterlaw.com jcdeangelis@brewsterlaw.com

ATTORNEYS FOR APPELLEE TOBY KEETON

UNOPPOSED MOTION FOR EXTENSION OF TIME Case No. 15-25-00156-CV Page 4 of 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 Foster on behalf of Lauren McGee Bar No. 24128835 jennifer.foster@oag.texas.gov Envelope ID: 108135083 Filing Code Description: Motion Filing Description: Motion for Extension Status as of 11/17/2025 3:35 PM CST

Associated Case Party: Toby Keeton

Name BarNumber Email TimestampSubmitted Status

Clark Brewster 786841 cbrewster@brewsterlaw.com 11/17/2025 3:27:36 PM SENT

Don Griffin 8456975 dgriffin@velaw.com 11/17/2025 3:27:36 PM SENT

Joseph DeAngelis jcdeangelis@brewsterlaw.com 11/17/2025 3:27:36 PM SENT

Case Contacts

Jennifer Foster Jennifer.Foster@oag.texas.gov 11/17/2025 3:27:36 PM SENT

Associated Case Party: Texas Racing Commission

Lauren McGee lauren.mcgee@oag.texas.gov 11/17/2025 3:27:36 PM SENT