Kelly Hancock, Acting Texas Comptroller of Public Accounts v. the Neiman Marcus Group

ACCEPTED
15-25-00145-cv
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
10/14/2025 12:15 PM
No. 15‒25‒00145‒CV CHRISTOPHER A. PRINE
CLERK

In the Court of Appeals 15th AUSTIN,
FILED IN
COURT OF APPEALS
TEXAS

for the Fifteenth Judicial District
10/14/2025 12:15:08 PM
CHRISTOPHER A. PRINE

Austin, Texas Clerk

Kelly Hancock, Acting Texas Comptroller of Public Accounts,
Appellant,
v.
The Neiman Marcus Group,
Appellee.

On Interlocutory Appeal from the Cause No. D-1-GN-24-005004
In the 200th Judicial District Court of Travis County, Texas

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF

Appellant Kelly Hancock, Acting Texas Comptroller of Public Accounts (the

Comptroller) files this unopposed motion seeking an extension of the time to file

Appellant’s Brief to November 7, 2025, pursuant to Texas Rules of Appellate

Procedure 10.5(b) and 38.6(d). In support of this motion, Appellant shows the

following:

1. This is Appellant’s first request for an extension of time and Appellees

do not oppose.

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2. In a letter from the Court filed September 18, 2025, the Court directed

Appellants that if the records were not received within the time specified, the

appellant would be expected to file its brief on or before Monday, October 20, 2025.

3. Appellant filed its Notice of Appeal from District Court on September

5, 2025. The Clerk’s record was filed September 23, 2025, and the Reporter’s Record

was filed October 10, 2025.

4. Counsel for Appellant had or has deadlines for other cases on October

3, 2025, October 10, 2025, and October 24, 2025.

5. Counsel for Appellant seeks this extension to be able to best prepare its

brief to aid this Court in its analysis of the issues presented.

6. This motion is not filed for the purpose of delay nor will Appellee be

harmed because Appellee is unopposed to this extension request.

7. All facts recited in this motion are within the personal knowledge of the

undersigned counsel, therefore no verification is necessary under Texas Rule of

Appellant Procedure 10.2.

PRAYER FOR RELIEF

For the foregoing reasons, Appellant respectfully requests this Court grant this

unopposed motion to extend time to file Appellant’s Brief and extend the deadline

for filing Appellant’s Brief up to and including November 7, 2025.

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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/ Terri M. Abernathy
___________________________
TERRI M. ABERNATHY
Assistant Attorney General
Texas Bar No. 24062894
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711−2548
Phone (512) 979-5354
Division Fax (512) 320-0667
Email terri.abernathy@oag.texas.gov

Counsel for Appellant, Kelly Hancock, Acting
Texas Comptroller of Public Accounts

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Certificate of Conference

I hereby certify that on October 9, 2025, counsel for Appellant conferred with
counsel for Appellee, who is unopposed to Appellant’s Motion to Extend Time to
file its Brief.
/s/ Terri M. Abernathy
_________________________
Terri M. Abernathy
Assistant Attorney General

Certificate of Service

I hereby certify that on October 14, 2025, a true and correct copy of the
foregoing instrument was filed via the Court’s electronic filing manager causing
electronic service upon all counsel of record in accordance with Texas Rule of
Appellate Procedure 9.5(b)(1).

Sinead O’Carroll
REEVES & BRIGHTWELL
3103 Bee Caves Rd., Ste. 240, Austin, Texas 78746
Phone (512) 334-4500
Fax (512) 334-4492
Email socarroll@reevesbrightwell.com

John P. Miller, Brittany Stephen, Jameel Turner
BAILEY | CAVALIER
Admitted in the trial court Pro Hac Vice
10 W. Broad Street, Ste. 2100, Columbus, Ohio 43215‒3422
Phone (614) 221‒3155
Email jmiller@baileycav.com
Email bstephen@baileycav.com
Email jturner@baileycav.com

Counsel for Plaintiff
The Neiman Marcus Group, LLC

/s/ Terri M. Abernathy
_________________________
Terri M. Abernathy
Assistant Attorney General

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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: 106815668
Filing Code Description: Motion
Filing Description: Appellants Unopposed MET
Status as of 10/14/2025 12:41 PM CST

Associated Case Party: Kelly Hancock, Acting Texas Comptroller of Public Accounts

Name BarNumber Email TimestampSubmitted Status

Terri Abernathy terri.abernathy@oag.texas.gov 10/14/2025 12:15:08 PM SENT

Victoria Gomez victoria.gomez@oag.texas.gov 10/14/2025 12:15:08 PM SENT

Associated Case Party: The Neiman Marcus Group, LLC

Name BarNumber Email TimestampSubmitted Status

Sinead O'Carroll socarroll@reevesbrightwell.com 10/14/2025 12:15:08 PM SENT

Jameel S.Turner jturner@baileycav.com 10/14/2025 12:15:08 PM SENT

Brittany P.Stephen bstephen@baileycav.com 10/14/2025 12:15:08 PM SENT

John P. Miller jmiller@baileycav.com 10/14/2025 12:15:08 PM SENT