State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture
15-25-00013-CV
Tex. App.
Jun 23, 2025
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STATE OF TEXAS, THE TEXAS FACILITIES COMMISSION, THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, MIKE NOVAK, IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE TEXAS FACILITIES COMMISSION, AND ROLLAND NILES, IN HIS OFFCIAL CAPACITY AS DEPUTY EXECUTIVE COMMISSIONER FOR THE SYSTEM SUPPORT SERVICES DIVISON OF THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, Appellants, v. BROADMOOR AUSTIN ASSOCIATES, A TEXAS JOINT VENTURE Appellee.

No. 15-25-00013-CV

In the Fifteenth Court of Appeals Austin, Texas

6/23/2025

ACCEPTED 15-25-00013-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/23/2025 2:43 PM CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS 6/23/2025 2:43:21 PM CHRISTOPHER A. PRINE Clerk On Appeal from the 455th Judicial District Court of Travis County, Texas Cause No. D-1-GN-23-007899

APPELLANTS’ UNOPPOSED SECOND MOTION TO EXTEND TIME TO FILE THEIR REPLY BRIEF

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
Chief, General Litigation Division

JENNIFER COOK
Texas Bar No. 00789233
Assistant Attorney General
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Phone: (737) 230-4700
jennifer.cook@oag.texas.gov
FAX: (512) 320-0667
Counsel for Appellants

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellants, State of Texas, the Texas Facilities Commission (“TFC“), the Texas Health and Human Services Commission (“HHSC“), Mike Novak, in his Official Capacity as Executive Director of the TFC, and Rolland Niles, in his Official Capacity as Deputy Executive Commissioner for the System Support Services Division of HHSC (collectively referred to as “Appellants“), file this motion asking the Court to extend the time for Appellants to file a reply brief to Broadmoor Austin Associate, A Texas Joint Venture‘s (“Appellee‘s“) brief.

  1. There is no specific deadline to file this motion to extend time. Tex. R. App. P. 38.6(d).
  2. Appellee is unopposed to this motion.
  3. The Court may grant an extension of time under Texas Rules of Appellate Procedure 10.5(b) and 38.6(d).
  4. Appellee filed its brief on May 7, 2025. The current deadline for Appellants to file their reply brief is June 26, 2025.
  5. Appellants request an additional two weeks to file their reply brief, extending the deadline to July 10, 2025.
  6. This is the second request for an extension to file the reply brief and one extension has been previously granted regarding Appellants’ reply brief.
  7. Appellants need additional time because Appellants’ counsel has been under the weather and needs the additional time for recovery and to complete the brief.
  8. For these reasons, Appellants ask the Court to grant an extension of time to file Appellants’ reply brief until July 10, 2025.

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
Chief - General Litigation Division

/s/Jennifer Cook
JENNIFER COOK
Assistant Attorney General
Texas State Bar No. 00789233
P.O. Box 12548
Austin, Texas 78711-2548
Tel: (737) 230-4700
Fax: (512) 320-0667
jennifer.cook@oag.texas.gov
Attorney for Appellants

CERTIFICATE OF CONFERENCE

I certify that I have conferred with Appellee‘s counsel regarding this motion and Appellee is unopposed to this motion.

/s/ Jennifer Cook

JENNIFER COOK

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.

Envelope ID: 102311190
Filing Code Description: Motion
Filing Description: 20250623_2nd MET to Reply to Appellees Brief
Status as of 6/23/2025 3:47 PM CST

Case Contacts

NameBarNumberEmailTimestampSubmittedStatus
Michaelle Petersmpeters@scottdoug.com6/23/2025 2:43:21 PMSENT
Angela Goldbergagoldberg@scottdoug.com6/23/2025 2:43:21 PMSENT
Susie Smithssmith@scottdoug.com6/23/2025 2:43:21 PMSENT
Jason R.LaFondjlafond@scottdoug.com6/23/2025 2:43:21 PMSENT
Kemp Kaslingkkasling@kaslinglaw.com6/23/2025 2:43:21 PMSENT
Angie Espinozaaespinoza@scottdoug.com6/23/2025 2:43:21 PMSENT
Carla Mathesoncmatheson@scottdoug.com6/23/2025 2:43:21 PMSENT

Associated Case Party: State of Texas

NameBarNumberEmailTimestampSubmittedStatus
Victoria Gomezvictoria.gomez@oag.texas.gov6/23/2025 2:43:21 PMSENT
Jennifer CookJennifer.Cook@oag.texas.gov6/23/2025 2:43:21 PMSENT

Associated Case Party: Broadmoor Austin Associates, a Texas Joint Venture

NameBarNumberEmailTimestampSubmittedStatus
Sara W.Clarksclark@scottdoug.com6/23/2025 2:43:21 PMSENT
Casey Dobsoncdobson@scottdoug.com6/23/2025 2:43:21 PMSENT