Misty Strauss v. Texas Department of Criminal Justice

ACCEPTED
15-25-00079-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
10/6/2025 9:41 PM
Case No. 15-25-00079-CV CHRISTOPHER A. PRINE
CLERK
Misty Strauss § FILED IN
15th COURT OF APPEALS
§ AUSTIN, TEXAS
Court of Appeals of Texas
v. § 10/6/2025 9:41:37 PM
§ CHRISTOPHER A. PRINE
Fifteenth DistrictClerk
Texas Department of Criminal §
Justice §

Appellant’s Unopposed Motion to Extend Time
to File Reply Brief

Appellant Misty Strauss respectfully requests this Court to extend his

deadline to file her reply brief until October 13, 2025 for the following

reasons:

1. Appellant’s reply brief is due September 6, 2025.

2. Appellant requests a 7-day extension of this deadline; she has

been granted two previously extensions to file her opening brief; one for 30

days and one for 7 days; and one 20-day extension to file her reply brief.

3. Appellee seeks this relief because his undersigned counsel

began trial this morning, October 6, 2025, in Amiri v. Syed & Syed Ventures

LLC, which is pending in Dallas County Court at Law No. 4 as Cause No.

CC-20-04875-D. In addition, Appellant’s undersigned counsel has also been

responsible for the following over the past 14 days:

-1-
¾ September 19, 2025: Opposition to motion for summary
judgment due in Doe v. Los Angeles Unified School District, which
is pending in California’s Superior Court for Los Angeles
County as Case No. 22STCV36900;

¾ September 22, 2025: Reply brief due in Harcourt v. Tesla, Inc.,
which is pending in California’s Sixth District Court of Appeal
as Case No. H052308;

¾ September 29, 2025: Responses to four pre-trial motions due in
Forrest v. Lucas Construction Co., which is pending in the 122nd
District Court of Galveston County, Texas as Cause No. 23-
CV-1475 (with hearing on October 1, 2025);

¾ October 2, 2026: Rescheduled summary-judgment hearing in In
re The MV Rebekah, which is pending in the United States
District Court for the Western District of Washington as Case
No. 2:24-cv-237;

¾ October 3, 2025: Post-hearing brief due in Morales v. Extra Space
Management, Inc., which is pending in private arbitration with
Mark Gilbert in Dallas, Texas.

4. Appellee’s counsel does not oppose this motion and Appellee

will not be prejudiced if it is granted.

5. This motion is not made for purposes of delay.

Respectfully submitted,

/s/ Matthew J. Kita
Matthew J. Kita
Texas Bar No. 24050883
3110 Webb Avenue, Suite 150
Dallas, Texas 75205
(214) 699-1863
matt@mattkita.com

-2-
Certificate of Conference

On October 6, 2025, I conferenced with counsel for Appellee, Joseph
McDuffie, via e-mail regarding the merits of this motion and he represented
that he does not oppose the relief requested.

/s/ Matthew J. Kita
Matthew J. Kita

-3-
Certificate of Service

I certify that on October 6, 2025, I served a copy of this notice on the
following counsel of record via e-filing in accordance with Texas Rule of
Appellate Procedure 9.5 and this Court’s local rules:

Counsel for Appellee:

Joseph McDuffie

/s/ Matthew J. Kita
Matthew J. Kita

-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.

Matthew Kita on behalf of Matthew Kita
Bar No. 24050883
matt@mattkita.com
Envelope ID: 106517641
Filing Code Description: Motion
Filing Description: Appellants Unopposed Motion to Extend Time to File
Reply Brief
Status as of 10/7/2025 7:04 AM CST

Associated Case Party: Misty Strauss

Name BarNumber Email TimestampSubmitted Status

Matthew JKita matt@mattkita.com 10/6/2025 9:41:37 PM SENT

Associated Case Party: Texas Department of Criminal Justice

Name BarNumber Email TimestampSubmitted Status

Joseph McDuffie Joseph.McDuffie@oag.texas.gov 10/6/2025 9:41:37 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Gloriana Ojeda gloriana.ojeda@oag.texas.gov 10/6/2025 9:41:37 PM SENT

Courtney Sawhill courtney.sawhill@oag.texas.gov 10/6/2025 9:41:37 PM SENT