The Board of Regents of the Texas A&M University System v. BE&K Building Group, LLC

Opinion

ACCEPTED 15-25-00058-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/13/2025 1:23 PM No. 15-25-00058-CV CHRISTOPHER A. PRINE CLERK

In the Court of Appeals 15th COURT FILED IN OF APPEALS

for the Fifteenth Judicial District5/13/2025 1:23:11 PM AUSTIN, TEXAS

CHRISTOPHER A. PRINE Clerk BE&K Building Group, LLC, Appellee, v.

The Board of Regents of the Texas A&M University System, Appellant.

On Appeal from the 272nd Judicial District Court, Brazos County

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellant

moves to extend the time to file their opening appellant’s brief by 30 days, from the

current deadline of May 22, 2025, to a proposed new deadline of June 23.

I.

The clerk’s record and reporter’s record in this case were filed on May 2, 2025,

making appellant’s brief due on May 22. Tex. R. App. P. 38.6(a). Appellant now

requests a 30-day extension of the time to file that brief, which would create a new

deadline of June 18. This is Appellant’s first request for an extension.

II.

This extension is not sought for delay but to accommodate the schedule of

Appellant’s counsel, Jacob Beach. Mr. Beach’s recent and upcoming deadlines

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include drafting or assisting with the follow briefs: (1) reply brief on the merits in In

re MCP 191, No. 24-8028, filed in the United States Court of Appeals for the First

Circuit on May 13; (2) response brief in Anadarko Petroleum Corp. v. Hegar, No. 24-

0257, requested by the Texas Supreme Court and currently due May 22; and (3)

appellants’ brief in Texas A&M Queer Empowerment Council v. Mahomes, No. 24-

40568, currently pending in the United States Court of Appeals for the Fifth Circuit

and due June 2. Moreover, because Mr. Beach is new to the case, additional time to review the record and to research and analyze the issues presented in this appeal will

allow for a thorough and helpful brief.

Accordingly, Appellant requests an additional 30 days in which to prepare its

appellant’s brief. Appellee does not oppose this motion.

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Prayer For the foregoing reasons, Appellant respectfully requests that the Court grant

them a 30-day extension to file their appellant’s brief, creating a new deadline of June

23.

Respectfully submitted.

Ken Paxton Aaron L. Nielson Attorney General of Texas Solicitor General

Brent Webster /s/ Jacob C. Beach First Assistant Attorney General Jacob C. Beach Assistant Solicitor General Office of the Attorney General State Bar No. 24116083 P.O. Box 12548 (MC 059) Jacob.Beach@oag.texas.gov Austin, Texas 78711-2548 Tel.: (512) 936-6407 Fax: (512) 474-2697 Counsel for Appellant

Certificate of Conference I certify that on May 13, 2025, I conferred by email with Thomas Crist, lead counsel for Appellee, and he does not oppose this motion.

/s/ Jacob C. Beach Jacob C. Beach

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.

Toni Shah on behalf of Jacob Beach Bar No. 24116083 toni.shah@oag.texas.gov Envelope ID: 100771658 Filing Code Description: Motion Filing Description: 20250513 BEK MET Status as of 5/13/2025 1:31 PM CST

Associated Case Party: BE&K Building Group, LLC

Name BarNumber Email TimestampSubmitted Status

Frank Domino 24038864 frankdomino@mehaffyweber.com 5/13/2025 1:23:11 PM SENT

Thomas Crist 24119645 tcrist@beneschlaw.com 5/13/2025 1:23:11 PM SENT

Jonathon Korinko jkorinko@beneschlaw.com 5/13/2025 1:23:11 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Nicole A.Myette nicole.myette@oag.texas.gov 5/13/2025 1:23:11 PM SENT

William Farrell biff.farrell@oag.texas.gov 5/13/2025 1:23:11 PM SENT

Jacob Beach jacob.beach@oag.texas.gov 5/13/2025 1:23:11 PM SENT

Toni Shah toni.shah@oag.texas.gov 5/13/2025 1:23:11 PM SENT

Athena Leyton athena.leyton@oag.texas.gov 5/13/2025 1:23:11 PM SENT