Whittney Ford v. Jim Davis, in His Official Capacity as Interim President of the University of Texas at Austin and the University of Texas at Austin
This text of Whittney Ford v. Jim Davis, in His Official Capacity as Interim President of the University of Texas at Austin and the University of Texas at Austin (Whittney Ford v. Jim Davis, in His Official Capacity as Interim President of the University of Texas at Austin and the University of Texas at Austin) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ACCEPTED 15-25-00123-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 10/6/2025 4:10 PM No. 15-25-00123-CV CHRISTOPHER A. PRINE ______________________________ CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH JUDICIAL DISTRICT 10/6/2025 4:10:17 PM ______________________________CHRISTOPHER A. PRINE Clerk
WHITTNEY FORD, Plaintiff/Appellant,
v.
JIM DAVIS AND THE UNIVERSITY OFTEXAS AT AUSTIN, Defendants/Appellees
On Appeal from Cause No. D-1-GN-24-002171, in the 261st District Court of Travis County, Texas ______________________________
APPELLEES JIM DAVIS AND THE UNIVERSITY OF TEXAS AT AUSTIN’S OPPOSED MOTION TO EXTEND TIME TO FILE APPELLEES’ BRIEF ______________________________
TO THE HONORABLE FIFTEENTH COURT OF APPEALS:
Appellees, Jim Davis, in his official capacity as President of The University of
Texas at Austin, and the University of Texas at Austin, pursuant to Tex. R. App. P.
38.6(d), file this Opposed Motion to Extend Time to File Appellees’ Brief and would
respectfully shows as follows:
1. The deadline for Appellees’ Brief is set for October 15, 2025.
2. Appellees’ counsel requests a 14-day extension to this deadline, until
-1- October 29 2025, to file Appellees’ Brief.
3. Appellees’ counsel Rachel Behrendt is tasked with writing Appellees’ Brief.
Due to unforeseen health reasons, Ms. Behrendt will be undergoing a medical
procedure several weeks earlier than initially scheduled. This procedure will occur
later this week and will cause Ms. Behrendt to be out of commission for several days.
Ms. Behrendt is also needing to take leave earlier this week in preparation of said
procedure. A recent weeklong jury trial (Arnulfo P. Alcorta, et al. v. Glenn Allen
Hegar, Jr., Texas Comptroller of Public Accounts, Cause No. D-1-GN-17-006831 in the
200th Judicial District, Travis County, TX) and deadlines for briefing in numerous
other matters since (Alan Scott Caver v. Attorney General of Texas, Cause No. CIV23-
0603 in the 411th District Court of Polk County, TX; Johnny Ray Gaskin v. Univ. of
Houston Police Dep’t, Case No. 4:25-cv-01658 in the United States District Court for
the Southern District of Texas; Manuel J. Montemayor v. Tex. Dep’t of Ins., Case No.
1-24-cv-00146 in the United States District for the Southern District of Texas; and
Sam Wise v. Tex. State Board Of Dental Examiners, Case No. 2:25-cv-01167-JNW in
the United State District Court for the Western District of Washington) has
prevented her from making significant progress on Appellees’ Brief. Zachary Rhines,
who also represented the University of Texas at Austin and President Davis in trial
court, will not be appearing as appellate counsel anymore. He is no longer assigned
-2- to this case because has transitioned to another division with the Attorney General’s
Office and has a different caseload and job duties. Nor would he be able to
meaningfully contribute otherwise due to these different job duties and full caseload,
notably, with his work on League of United Latin American Citizens, et al., v. Greg
Abbott, in his official capacity as Governor of the State of Texas, et al., Case No. 3:21-
CV-00259-DCG-JES-JVB in the United States District Court for the Western
District of Texas.
4. The undersigned respectfully requests additional time to review
Whittney Ford’s Appellant’s Brief and adequately brief the relevant issues.
5. This is Appellees’ second request for an extension in this case. This
request is sought not for the purposes of delay, but so that justice may be done.
6. On October, 6 2025, the undersigned conferred with Appellant, who is
opposed to the requested extension.
Respectfully submitted,
KEN PAXTON Attorney General of Texas
BRENT WEBSTER First Assistant Attorney General
RALPH MOLINA Deputy First Assistant Attorney General
-3- AUSTIN KINGHORN Deputy Attorney General for Civil Litigation
KIMBERLY GDULA Division Chief, General Litigation Division
/s/ Rachel L. Behrendt RACHEL L. BEHRENDT Texas Bar No. 24130871 Assistant Attorney General
P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (737) 231-8329 Facsimile: (512) 320-0667 Rachel.Behrendt@oag.texas.gov Zachary.Rhines@oag.texas.gov
ATTORNEYS FOR APPELLEES
CERTIFICATE OF CONFERENCE
On October 6, 2025, counsel for Appellees conferred with Appellant Whittney Ford, regarding the foregoing motion. Mr. Ford informed the undersigned that he is opposed to this motion.
/s/ Rachel L. Behrendt RACHEL L. BEHRENDT Assistant Attorney General
-4- CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been served on October 6, 2025, on all counsel of record and the following party by e-service:
Whittney Ford 4151 Wellborn Road Apartment 1101A Bryan, Texas 77801 Tel: (979) 264-4944 wjacksonford@gmail.com
Plaintiff Pro Se
-5- 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.
Ariana Ines on behalf of Rachel Behrendt Bar No. 24130871 ariana.ines@oag.texas.gov Envelope ID: 106506384 Filing Code Description: Motion Filing Description: APPELLEES JIM DAVIS AND THE UNIVERSITY OF TEXAS AT AUSTINS OPPOSED MOTION TO EXTEND TIME TO FILE APPELLEES BRIEF Status as of 10/6/2025 5:02 PM CST
Associated Case Party: The University of Texas at Austin
Name BarNumber Email TimestampSubmitted Status
Zachary Rhines 24116957 zachary.rhines@oag.texas.gov 10/6/2025 4:10:17 PM SENT
Martin Cohick 24134042 martin.cohick@oag.texas.gov 10/6/2025 4:10:17 PM SENT
Rachel Behrendt 24130871 rachel.behrendt@oag.texas.gov 10/6/2025 4:10:17 PM SENT
Case Contacts
Wolfgang P.Hirczy de Mino wphdmphd@gmail.com 10/6/2025 4:10:17 PM SENT
Ariana Ines ariana.ines@oag.texas.gov 10/6/2025 4:10:17 PM SENT
Associated Case Party: Whittney Ford
Whitney Ford wjacksonford@gmail.com 10/6/2025 4:10:17 PM SENT
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