Texas Education Agency v. Excellence 2000 INC. and Sherwin Allen

ACCEPTED
15-25-00148-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
11/21/2025 10:05 AM
No. 15-25-00148-CV CHRISTOPHER A. PRINE
CLERK

In the Court of Appeals for the Fifteenth Judicial District
FILED IN
15th COURT OF APPEALS

Houston, Texas
AUSTIN, TEXAS
11/21/2025 10:05:48 AM
CHRISTOPHER A. PRINE
Clerk
Texas Education Agency,
Appellant,
v.
Excellence 2000 INC.,
Appellee.

On Appeal from the
125th Judicial District Court, Harris County
Cause No. 2022-55524

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

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Appellant Texas Education Agency (“Appellant”) requests a 14-day extension

of the deadline to file its reply brief in this matter. In support of this motion,

Appellant would respectfully show as follows:

1. Appellant’s reply brief is currently due on December 3, 2025.

2. Appellant requests a 14-day extension to this deadline, through and

until Wednesday, December 17, 2025, for filing its reply brief.

3. This is Appellant’s first request for an extension of time to file its reply

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brief.

4. Appellant’s counsel has conferred with Appellee’s counsel, who has

stated that Appellee is unopposed to this request.

5. A motion to extend the time to file a brief may be filed before or after

the date a brief is due. See Tex. R. App. P. 38.6(d). Pursuant to Texas Rule of

Appellate Procedure 10.5(b)(1), such a motion must contain “(A) the deadline for

filing the item in question; (B) the length of the extension sought; (C) the facts relied

on to reasonably explain the need for an extension; and (D) the number of previous

extensions granted regarding the item in question.”

6. The extension is not sought for delay, but so that counsel may have

adequate time to prepare the reply brief. In addition to work on other matters,

counsel has pre-existing travel and vacation plans over the Thanksgiving holiday. An

additional 14 days will allow counsel to complete the reply brief in an orderly manner

alongside other obligations.

Dated: November 21, 2025 Respectfully submitted,

KEN PAXTON
Attorney General of Texas

BRENT WEBSTER
First Assistant Attorney General

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RALPH MOLINA
Deputy First Assistant Attorney General

AUSTIN KINGHORN
Deputy Attorney General for Civil Litigation

KIMBERLY GDULA
Chief – General Litigation Division

/s/Joe Nwaokoro
JOE NWAOKORO
Attorney-in-charge
Texas Bar No. 24032916
Assistant Attorney General
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
(512) 463-2120 | FAX: (512) 320-0667
Joe.Nwaokoro@oag.texas.gov

ATTORNEYS FOR APPELLANT
TEXAS EDUCATION AGENCY

CERTIFICATE OF CONFERENCE

I certify that I conferred with Appellee’s counsel by email regarding the
foregoing Appellant’s Motion to Extend Time to File Appellant's Reply Brief, and
Appellee is unopposed.

/s/ Joe Nwaokoro
JOE NWAOKORO
Assistant Attorney General

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CERTIFICATE OF SERVICE

I hereby certify that on November 21, 2025, a true and correct copy of the
foregoing document was filed and served via the Court’s electronic filing system to
all counsel of record.

Melvin Houston
3033 Chimney Rock, Suite 610
Houston, Texas 77056
mhouston@gotellmel.com

Nikeyla Johnson
3033 Chimney Rock, Suite 610
Houston, Texas 77056
njohnson@contactjohnsonlawfirm.com
/s/ Joe Nwaokoro
JOE NWAOKORO
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.

Mary Sifuentes on behalf of Joseph Nwaokoro
Bar No. 24032916
mary.sifuentes@oag.texas.gov
Envelope ID: 108324579
Filing Code Description: Motion
Filing Description: APPELLANTS FIRST UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE REPLY BRIEF
Status as of 11/21/2025 10:08 AM CST

Associated Case Party: Excellence 2000, Inc.

Name BarNumber Email TimestampSubmitted Status

Nikeyla Johnson 24065505 njohnson@contactjohnsonlawfirm.com 11/21/2025 10:05:48 AM SENT

Melvin Houston 793987 mhouston@gotellmel.com 11/21/2025 10:05:48 AM SENT

Associated Case Party: Texas Education Agency

Name BarNumber Email TimestampSubmitted Status

Joe Nwaokoro Joe.Nwaokoro@oag.texas.gov 11/21/2025 10:05:48 AM SENT

Mary Sifuentes Mary.Sifuentes@oag.texas.gov 11/21/2025 10:05:48 AM SENT