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 6/27/2025 12:33 PM NO. 15-25-00058-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH DISTRICT OF TEXAS, 6/27/2025 12:33:03 PM CHRISTOPHER A. PRINE Clerk

THE BOARD OF REGENTS OF THE TEXAS A&M UNIVERSITY SYSTEM,

APPELLANT

V.

BE&K Building Group, LLC,

APPELLEE

ON APPEAL FROM THE 272ND JUDICIAL DISTRICT COURT, BRAZOS COUNTY, TEXAS

APPELLEE BE&K BUILDING GROUP LLC’S UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

THOMAS O. CRIST State Bar No. 24119645 BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP 127 Public Square, Suite 4900 Cleveland, OH 44114 216-363-4500 Telephone 216-363-4588 Facsimile Email: tcrist@beneschlaw.com

Counsel for Appellee BE&K Building Group, LLC

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Appellee, BE&K Building Group, LLC (“BE&K”), files this Motion to

Extend Time to File A Reply Brief and would respectfully show the following:

I. Time Requested for Extension

After obtaining a 30-day extension, Appellant filed its original Brief on June

20, 2025. This set the deadline for Appellee to file its Brief as July 10, 2025. Tex.

R. App. P. 38.6(a).

Appellee now seeks a 30-day extension to file the Brief of Appellee. This is

Appellee’s first request for an extension to file anything in this appeal. Appellant

requested and received the same extension to file its Brief.

II. The Extension is Presumed Unopposed

Counsel conferred with Appellant’s counsel via email on June 24, 2025, and

Appellant confirmed it is unopposed to this Motion.

III. Grounds for Extension

Appellee seeks this extension primarily to allow it 30 days to review the

record and the brief filed by Appellant on June 20, 2025.

Appellee also seeks this extension to account for the July 4th holiday and

Appellee’s Lead Counsel on appeal has been and is fully engaged in numerous other

matters with imminent deadlines, preparation time, travel and other conflicts prior

to the current deadline for Appellee’s Brief and into the time frame of the extension.

IV. Authority to Grant Extension

The Court may grant an extension of time under the authority of Texas Rule

of Appellate Procedure 10.5(b).

V. Prayer

This request will not unnecessarily delay disposition of this matter, but will

allow Appellee to fully reply to the issues raised in Appellant’s Brief for maximum

benefit to the Court. This motion is not brought for purpose of delay, but so that

justice may be accomplished.

WHEREFORE, Appellee prays that this Court grant an extension to Monday,

August 11, 2025 to file its Brief, and for such other and further relief to which

Appellee may be justly entitled.

Respectfully submitted,

Benesch, Friedlander, Coplan & Aronoff LLP /s/ Thomas Crist THOMAS O. CRIST State Bar No. 24119645 BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP 127 Public Square, Suite 4900 Cleveland, OH 44114 216-363-4500 Telephone 216-363-4588 Facsimile Email: tcrist@beneschlaw.com

Counsel for Appellee BE&K Building Group, LLC

CERTIFICATE OF SERVICE

The undersigned hereby certifies that, pursuant to Tex. R. App. Pro. 9.5(a), a true and correct copy of the foregoing instrument has been sent to counsel of record for the Appellant through the Court’s e-filing system on this, the 27th day of June, 2025.

/s/ Thomas Crist Thomas Crist

CERTIFICATE OF CONFERENCE

The undersigned hereby certifies that he emailed counsel for Appellant on June 24, 2025 and that attorney Jacob Beach advised in a June 24, 2025 email response that Appellant is not opposed to this Motion.

/s/ Thomas Crist Thomas Crist

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.

Thomas Crist on behalf of Thomas Crist Bar No. 24119645 tcrist@beneschlaw.com Envelope ID: 102525876 Filing Code Description: Motion Filing Description: APPELLEE BE&K BUILDING GROUP LLC???S UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE???S BRIEF Status as of 6/27/2025 12:37 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Frank Domino 24038864 frankdomino@mehaffyweber.com 6/27/2025 12:33:03 PM SENT

Athena Leyton athena.leyton@oag.texas.gov 6/27/2025 12:33:03 PM SENT

Thomas Crist 24119645 tcrist@beneschlaw.com 6/27/2025 12:33:03 PM SENT

Nicole A.Myette nicole.myette@oag.texas.gov 6/27/2025 12:33:03 PM SENT

William Farrell biff.farrell@oag.texas.gov 6/27/2025 12:33:03 PM SENT

Legal Secretaries osg-legalsecretaries@oag.texas.gov 6/27/2025 12:33:03 PM SENT

Jacob Beach jacob.beach@oag.texas.gov 6/27/2025 12:33:03 PM SENT

Jonathon Korinko jkorinko@beneschlaw.com 6/27/2025 12:33:03 PM SENT