2020 Long Tail Trail Investments, LLC v. State of Texas, Attorney General Kenneth Paxton (In His Official Capacity), Acting Texas Comptroller of Public Accounts Kelly Hancock (In His Official Capacity), and the Office of the Texas Comptroller of Public Accounts

ACCEPTED
15-25-00086-Cv
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
No. 15-25-00086-CV 10/10/2025 1:46 PM
CHRISTOPHER A. PRINE
CLERK
In the Court of Appeals FILED IN
15th COURT OF APPEALS
for the Fifteenth Judicial District AUSTIN, TEXAS
____________________________ 10/10/2025 1:46:17 PM
CHRISTOPHER A. PRINE
Clerk
2020 LONG TAIL TRAIL INVESTMENTS, LLC, ET AL.,
Appellants,
v.
STATE OF TEXAS, ET AL.,
Appellees.
______________________________

On Appeal from the
261st Judicial District Court, Travis County
Cause No. D-1-GN-23-007785
______________________________

APPELLEES’ SECOND UNOPPOSED
MOTION FOR EXTENSION OF TIME TO FILE BRIEF
_____________________________

TO THE HONORABLE COURT OF APPEALS:

Pursuant to Texas Rules of Appellate Procedure 10.5(B) and 38.6,

Appellees, State of Texas, Attorney General Kenneth Paxton (in his

official capacity), the Acting Texas Comptroller of Public Accounts Kelly

Hancock (in his official capacity), and the Office of the Texas Comptroller

of Public Accounts, file this Second Unopposed Motion for Extension of

Time to File Brief, and would show the Court the following:

1
1. Appellees’ response brief was initially due on September 15,

2025.

2. Appellees were granted 30-day extension of time to file their

response brief, i.e., until Wednesday, October 15, 2025.

3. Appellees request an additional 16-day extension to file their

response brief, i.e., until October 31, 2025.

4. Lead Counsel for the Appellees, Mr. Cole P. Wilson, has been on

leave pursuant to the Family Medical Leave Act through the duration of

the extension and unable to prepare Appellees’ brief.

5. Appellees’ Additional Counsel, Lynn E. Saarinen, has had other

matters demanding her time and attention; specifically:

5.1. Additional Counsel had several other previously scheduled

filings and briefings due in state court throughout September and

continuing into October 2025, including a trial setting in mid-

September 2025.

5.2. Additional Counsel was also out of the office during the last

week in August and the first week of September for scheduled

leave that had been paid for and planned for some time.

2
5.3. Additional Counsel did not participate in the trial court and

reviewing the records and drafting the response brief to four

appellants’ briefs has taken a great deal of time.

6. This is Appellees’ second request for an extension of time.

7. The requested extension is reasonable and necessary to allow

Appellees adequate time to prepare their response brief. This request is

not made for delay but only so that justice may be done.

8. Appellants do not oppose this motion.

Wherefore, for the above reasons, Appellees, State of Texas,

Attorney General Kenneth Paxton (in his official capacity), the Acting

Texas Comptroller of Public Accounts Kelly Hancock (in his official

capacity), and the Office of the Texas Comptroller of Public Accounts,

respectfully request that the Court extend the time for filing their

response brief from October 15th, 2025, to October 31st, 2025.

Dated: October 10, 2025 Respectfully submitted,

Ken Paxton Austin Kinghorn
Attorney General of Texas Deputy Attorney General for Civil
Litigation
Brent Webster
First Assistant Attorney General Kimberly Gdula
Chief for General Litigation
Ralph Molina Division
Deputy First Asst. Attorney
General
3
Cole P. Wilson
Assistant Attorney General
Texas State Bar No. 24122856
Cole.Wilson@oag.texas.gov

/s/ Lynn E. Saarinen
Lynn E. Saarinen
Assistant Attorney General
Texas State Bar No. 17498900
Lynn.Saarinen@oag.texas.gov
Office of the Attorney General
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
737-224-4634|Fax: 512-320-0667

Counsel for Appellees

CERTIFICATE OF CONFERENCE
I hereby certify that on October 9, 2025, Counsel conferred by email
with Appellants’ Counsel regarding this motion, and Appellants’ Counsel
are unopposed.
/s/Lynn E. Saarinen
Lynn E. Saarinen

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing
instrument has been sent via electronic service to all attorneys of record,
in compliance with Rule 6.3 of the Texas Rules of Appellate Procedure,
on October 10, 2025.
/s/Lynn E. Saarinen
Lynn E. Saarinen

4
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.

Raymond Abarca on behalf of Lynn Saarinen
Bar No. 17498900
raymond.abarca@oag.texas.gov
Envelope ID: 106711348
Filing Code Description: Motion
Filing Description: 20251010_Apees 2d METBrief
Status as of 10/10/2025 2:01 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Allison Collins 24127467 Acollins@fosterswift.com 10/10/2025 1:46:17 PM SENT

Sherry Brown sherry@txmunicipallaw.com 10/10/2025 1:46:17 PM SENT

Andy Messer andy@txmunicipallaw.com 10/10/2025 1:46:17 PM SENT

Brad Bullock brad@txmunicipallaw.com 10/10/2025 1:46:17 PM SENT

Timothy Dunn Taddunn@txmunicipallaw.com 10/10/2025 1:46:17 PM SENT

Todd Disher todd@lehotskykeller.com 10/10/2025 1:46:17 PM SENT

William Thompson will@lkcfirm.com 10/10/2025 1:46:17 PM SENT

Cole Wilson cole.wilson@oag.texas.gov 10/10/2025 1:46:17 PM SENT

Guillermo Trevino will.trevino@brownsvilletx.gov 10/10/2025 1:46:17 PM SENT

Lena Chaisson-Munoz lena.munoz@brownsvilletx.gov 10/10/2025 1:46:17 PM SENT

George Hyde ghyde@txlocalgovlaw.com 10/10/2025 1:46:17 PM SENT

Matthew Weston mweston@txlocalgovlaw.com 10/10/2025 1:46:17 PM SENT

David Overcash david.overcash@wtmlaw.net 10/10/2025 1:46:17 PM SENT

Clark McCoy cmccoy@wtmlaw.net 10/10/2025 1:46:17 PM SENT

Associated Case Party: City of Brownsville, Texas

Name BarNumber Email TimestampSubmitted Status

Lena Chaisson-Munoz lena.munoz@brownsvilletx.gov 10/10/2025 1:46:17 PM SENT

Will S.Trevino will.trevino@brownsvilletx.gov 10/10/2025 1:46:17 PM SENT

Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity
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.

Raymond Abarca on behalf of Lynn Saarinen
Bar No. 17498900
raymond.abarca@oag.texas.gov
Envelope ID: 106711348
Filing Code Description: Motion
Filing Description: 20251010_Apees 2d METBrief
Status as of 10/10/2025 2:01 PM CST

Associated Case Party: Attorney General Kenneth Paxton (in his Official Capacity

Name BarNumber Email TimestampSubmitted Status

Raymond Abarca Raymond.Abarca@oag.texas.gov 10/10/2025 1:46:17 PM SENT

Cole Wilson Cole.Wilson@oag.texas.gov 10/10/2025 1:46:17 PM SENT

Lynn Saarinen lynn.saarinen@oag.texas.gov 10/10/2025 1:46:17 PM SENT