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

Opinion

ACCEPTED

15-25-00123-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS

11/14/2025 3:25 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 DISTRICT11/14/2025 3:25:41 PM ______________________________ CHRISTOPHER A. PRINE Clerk

WHITTNEY FORD,

Plaintiff/Appellant,

v.

JIM DAVIS, IN HIS OFFICIAL CAPACITY AS INTERIM PRESIDENT OF THE UNIVERSITY OF TEXAS AT AUSTIN, AND THE UNIVERSITY OF TEXAS AT AUSTIN,

Defendants/Appellees

On Appeal from Cause No. D-1-GN-24-002171, in the 261st District Court of Travis County, Texas

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APPELLEES’ RESPONSE IN OPPOSITION TO APPELLANT’S “OBJECTION TO REQUEST FOR STRIKING OF 2024 TEXAS PUBLIC INFORMATION HANDBOOK”

________________________________________

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 (collectively, “UT Defendants”), file this Response in Opposition to Appellant Whittney Ford’s “Objection to Request for Striking of 2024 Texas Public Information Handbook” and would respectfully show as follows:

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1. In their Corrected Appellees’ Brief, UT Defendants object to incompetent summary judgment evidence brought by Appellant Whittney Ford (“Ford”) in his opening appellate brief. Corrected Appellees’ Br. 16–18, 27–30, 44–45, 50–52.

2. Ford has since filed an “Objection to Request for Striking of 2024 Texas Public Information Handbook” in which he argues that the Court should not strike the evidence he attempts to include in the summary judgment record.

See Appellant’s Objection to Request for Striking of 2024 Texas Public Information Handbook 1–6.

3. To the extent that UT Defendants erred on their ground for their objection to Supp. CR. 182–220, this was based on an inadvertent identification of the purported evidence.

4. Supp. CR. 182–220 is part of an exhibit to the University of Texas at Austin’s original Plea to the Jurisdiction and Motion for Summary Judgment (Supp.

CR. 121–227), which is not on appeal.

5. However, Supp. CR. 182–220 is the same as Supp. CR. 633–671, which is part of the summary judgment evidence of UT Defendants’ Second Amended Plea to the Jurisdiction and Motion for Summary Judgment, which is on appeal (Supp. CR. 577–679).

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6. Regardless, Ford’s opening appellate brief fails to demonstrate why the contents of Supp. CR. 182–220 and Supp. CR. 633–671 raise a genuine issue of material fact, and the Court should affirm the decision of the trial court and dismiss the case for the reasons presented in the Corrected Appellees’ Brief.

Corrected Appellees’ Br. 1–52.

7. In withdrawing their objection to Supp. CR. 182–220, UT Defendants still object to the contents of any URL links therein, as they have not been timely provided as summary judgment evidence under Tex. R. Civ. P. 166a(c)-(d).

Yet even if these were admitted, they would not raise a genuine issue of material fact, and the Court should affirm the decision of the trial court and dismiss the case for the reasons presented in the Corrected Appellees’ Brief.

Corrected Appellees’ Br. 1–52.

8. For the rest of Ford’s purported summary judgment evidence, the objections presented in the Corrected Appellees’ Brief (Corrected Appellees’ Br. 16–18, 27–30, 44–45, 50–52) and incorporated by reference here still apply. Further, even if any or all the purported summary judgment evidence brought by Ford were admitted and considered by the Court, for the reasons presented in UT Defendant’s Corrected Appellees’ Brief and incorporated by reference here, the evidence would not raise a genuine issue of material fact necessitating the

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Court reverse the decision of the trial court and remand the case. Corrected Appellees’ Br. 1–52.

PRAYER

The Court should affirm the decision of the trial court and dismiss this case with prejudice.

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

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

COUNSEL FOR UT DEFENDANTS

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been served on November 14, 2025, via the Court’s electronic file manager system to all counsel of record who have appeared to date, and via first class and Certified Mail, Return Receipt Requested to:

Whittney Ford (Plaintiff Pro Se)

4151 Wellborn Road Apartment 1101A Bryan, Texas 77801 Tel: (979) 264-4944 wjacksonford@gmail.com

CM/RRR#: 9589 0710 5270 0480 2589 05

/S/ Rachel Behrendt

RACHEL BEHRENDT

Assistant Attorney General

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: 108078066 Filing Code Description: Response Filing Description: APPELLEES RESPONSE IN OPPOSITION TO APPELLANTS OBJECTION TO REQUEST FOR STRIKING OF 2024 TEXAS PUBLIC INFORMATION HANDBOOK Status as of 11/14/2025 4:03 PM CST

Associated Case Party: The University of Texas at Austin Name BarNumber Email TimestampSubmitted Status Zachary Rhines 24116957 zachary.rhines@oag.texas.gov 11/14/2025 3:25:41 PM SENT Martin Cohick 24134042 martin.cohick@oag.texas.gov 11/14/2025 3:25:41 PM SENT Rachel Behrendt 24130871 rachel.behrendt@oag.texas.gov 11/14/2025 3:25:41 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Wolfgang P.Hirczy de Mino wphdmphd@gmail.com 11/14/2025 3:25:41 PM SENT Tristan AGarza tristan.garza@oag.texas.gov 11/14/2025 3:25:41 PM SENT Ariana Ines ariana.ines@oag.texas.gov 11/14/2025 3:25:41 PM SENT

Associated Case Party: Whittney Ford Name BarNumber Email TimestampSubmitted Status Whitney Ford wjacksonford@gmail.com 11/14/2025 3:25:41 PM SENT