Kelly Hancock, Acting Comptroller of Public Accounts of the State of Texas, and Ken Paxton, Attorney General of the State of Texas v. Dave & Buster's I, L.P.

ACCEPTED
15-25-00114-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
11/13/2025 2:41 PM
CHRISTOPHER A. PRINE
No. 15-25-00114-CV CLERK
FILED IN
15th COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE FIFTEENTH JUDICIAL DISTRICT
11/13/2025 2:41:17 PM
AUSTIN, TEXAS CHRISTOPHER A. PRINE
Clerk

KELLY HANCOCK, ACTING COMPTROLLER OF PUBLIC ACCOUNTS
OF THE STATE OF TEXAS, AND KEN PAXTON, ATTORNEY GENERAL
OF THE STATE OF TEXAS,
APPELLANTS,
V.

DAVE & BUSTER’S I, L.P.,
APPELLEE.

On Appeal from the 200TH District Court, Travis County, Texas
Trial Court Cause No. D-1-GN-23-000781

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

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Appellee Dave & Buster’s I, L.P. respectfully requests that this Court

grant a 45-day extension of time for filing its brief from November 26, 2025

to January 12, 2026 based on the reasonable explanation for an extension

set forth below. This motion is unopposed by counsel for Appellants.
ARGUMENT & AUTHORITIES

The Court has authority under Texas Rule of Appellate Procedure

10.5(b) and 38.6(d), to extend the time to file a brief. See Tex. R. App. P.

10.5(b) and 38.6(d). This motion is timely because it is being filed prior to

the current November 26, 2025 deadline. See id.

Counsel has good cause for requesting this extension. Counsels’

attendance is required at their Annual Firm Conference on November 18-

19, 2025. Ms. Leonard is preregistered and attending TTARA’s 2025

Annual Meeting on November 20-21, 2025. Ms. Leonard is to travel out of

the state for family vacation on November 24-28, 2025. Additionally, Ms.

Leonard has various deadlines and obligations in other pending district

court and administrative matters between now and the current deadline,

including the preparation of original petitions in forthcoming district court

matters.

Jeffrey Nanson, new to this case, will serve as co-counsel for Appellee

and will assist Ms. Leonard. Appellee respectfully requests this extension

so that counsel may familiarize himself with the issues and arguments in

this case. In addition, Mr. Nanson has various deadlines and obligations in

No. 15-25-00114-CV
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF 2
other pending district court matters between now and the current deadline

including the preparation of written discovery responses in Cause Number

471-06138-2024.

Appellee therefore requests a 45-day extension, moving the deadline

for its brief from November 26 to January 12, 2026. This is Appellee’s first

unopposed request for an extension of time to file its brief.

The requested extension of Appellee’s Brief is not sought for purposes

of delay but rather for the good cause reasons set forth above. The requested

extension will not prejudice any party.

PRAYER

Appellee respectfully requests that this Court grant a 45-day

extension of time to file its brief, extending the deadline from November 26,

2025 to January 12, 2026.

No. 15-25-00114-CV
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF 3
Respectfully submitted,

Lacy Leonard
State Bar No. 24040561
Lacy.Leonard@ryanlawyers.com
Danielle Ahlrich
State Bar No. 24059215
Danielle.Ahlrich@ryanlawyers.com
Ryan Law Firm, PLLC
1301 S. Mopac Expy, Ste 430
Austin, Texas 78746
512.459.6600 - Telephone
512.459.6601 - Facsimile

Jeffrey L. Nanson
State Bar No. 24098166
Jeff.Nanson@ryanlawyers.com
Ryan Law Firm, PLLC
8101 Windrose Avenue, Ste 950
Plano, Texas 75024
972.250.6363 - Telephone
972.250.3599 - Facsimile

COUNSEL FOR APPELLEE

No. 15-25-00114-CV
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF 4
CERTIFICATE OF CONFERENCE

On November 10, 2025, Counsel for Appellants confirmed that
Appellants are not opposed to this extension.

Lacy Leonard

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the above and foregoing
document was served on Appellants through the following counsel of record
via electronic service on November 13, 2025.

Wesley Remschel
Assistant Attorney General
Alexis Cantu
Assistant Attorney General
Tax Litigation Division
P.O. Box 12548
Austin, Texas 78711-2548
Wesley.Remschel@oag.texas.gov
Alexis.Cantu@oag.texas.gov

Lacy Leonard

No. 15-25-00114-CV
APPELLEE’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEE’S BRIEF 5
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.

Marissa Yarborough on behalf of Lacy Leonard
Bar No. 24040561
marissa.yarborough@ryanlawyers.com
Envelope ID: 108022073
Filing Code Description: Motion
Filing Description: Appellee's Unopposed Motion for Extension of Time to
File Appellee's Brief
Status as of 11/13/2025 2:54 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Danielle Ahlrich 24059215 danielle.ahlrich@ryanlawyers.com 11/13/2025 2:41:17 PM SENT

Wesley Remschel wesley.remschel@oag.texas.gov 11/13/2025 2:41:17 PM SENT

Lacy Leonard Lacy.Leonard@ryanlawyers.com 11/13/2025 2:41:17 PM SENT

Ryan Law Paralegals Austin.Paralegals@ryanlawyers.com 11/13/2025 2:41:17 PM SENT

Jeffrey L.Nanson Jeff.Nanson@ryanlawyers.com 11/13/2025 2:41:17 PM SENT