State of Texas v. Arity 875, LLC

ACCEPTED
15-25-00213-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
11/20/2025 4:12 PM
CHRISTOPHER A. PRINE
CLERK

In the Court of Appeals 15th AUSTIN, FILED IN
COURT OF APPEALS
TEXAS
for the Fifteenth Judicial District11/20/2025 4:12:07 PM
CHRISTOPHER A. PRINE
Austin, Texas Clerk

State of Texas,
Appellant,
v.
ARITY 875, LLC
Appellee.

On Appeal from the 457th Judicial District Court, Montgomery County
Trial Court Cause No. 25-01-00561

APPELLANT’S UNOPPOSED FIRST MOTION TO EXTEND TIME
TO FILE APPELLANT’S NOTICE OF APPEAL

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

Appellant, State of Texas, (“Appellant”) pursuant to Rule 26.3 of the Texas Rules of

Appellate Procedure files this Unopposed First Motion to Extend the Time to File Appellant's

Notice of Appeal by 15 days. Appellant respectfully shows the Court the following:

1. Appellant desires to appeal from the Order Granting Special Appearance in the 457th

Judicial District Court of Montgomery County, Texas, the Honorable Vincenzo Santini

presiding, on November 7, 2025. The trial court style and number of the case are as follows:

State of Texas v. Allstate Insurance Company, Allstate Vehicle and Property Insurance

Company, Allstate Fire and Casualty Insurance Company, Arity, LLC, Arity 875, LLC, and

Arity Services, LLC, , Cause No. 25–01–00561.
2. If not accounting for Rule 4 of the Texas Rules of Civil Procedure and Rule 4.1(a) of the

Texas Rules of Appellate Procedure, the deadline for filing the notice of appeal would be

November 27, 2025, the date of Thanksgiving Day, as listed in Texas Government Code

662.003. Accounting for the holiday, the actual deadline for filing the notice of appeal in

this case is December 1, 2025.

3. Appellant requests additional time because the December 1, 2025, deadline for filing the

notice of appeal falls immediately after the Thanksgiving holiday, requiring the attorneys

for the State of Texas to prepare during a period traditionally reserved for holiday

observance.

4. This is Appellant’s first request for extension to file the notice of appeal.

5. Appellant seeks an order extending the time for filing the notice of appeal for 15 days,

through and including December 16, 2025.

6. The extension of time requested will not prejudice or inconvenience Appellee Arity 875,

LLC.

7. The undersigned conferred with Appellee’s counsel regarding this motion on November

19, 2025, and Appellee confirmed on November 19, 2025, it is unopposed.

PRAYER

For these reasons, Appellant respectfully requests that the Court extend the deadline to file

its notice of appeal from December 1, 2025, by 15 days, through and including December 16, 2025.

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Dated: November 20, 2025 Respectfully submitted,

KEN PAXTON /s/ Rick Berlin
Attorney General of Texas RICK BERLIN (TX Bar No. 24055161)
RICHARD MCCUTCHEON (TX Bar No.
BRENT WEBSTER 24139547)
First Assistant Attorney General MADELINE FOGEL (TX Bar No. 24141985)
DANIEL ZWART (TX Bar No. 24070906)
RALPH MOLINA KAYLIE BUETTNER (TX Bar No. 24109082)
Deputy First Assistant Attorney General MEREDITH SPILLANE (TX Bar No. 24131685)
Assistant Attorneys General
AUSTIN KINGHORN OFFICE OF THE ATTORNEY GENERAL
Deputy Attorney General for Civil Litigation Consumer Protection Division
808 Travis Street, Suite 1520
JOHNATHAN STONE Houston, Texas 77002
Chief, Consumer Protection Division Tel: (713) 223-5886
Fax: (713) 223-5821
Rick.Berlin@oag.texas.gov
Richard.McCutcheon@oag.texas.gov
Madeline.Fogel@oag.texas.gov
Daniel.Zwart@oag.texas.gov
Kaylie.Buettner@oag.texas.gov
Meredith.Spillane@oag.texas.gov

ATTORNEYS FOR APPELLANT,
THE STATE OF TEXAS

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CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I have conferred

with Jake Sommer, attorney for Appellee Arity 875, LLC, who indicated that this motion is

unopposed.

/s/ Rick Berlin
RICK BERLIN

CERTIFICATE OF SERVICE

I certify that on November 20, 2025, the foregoing was electronically served, via the Court’s
electronic filing system, on all defendants, by and through their attorneys:

W. Reid Wittliff Jake Sommer
WITTLIFF CUTTER PLLC Kelsey Harclerode
510 Baylor St. ZWILLGEN PLLC
Austin, TX 78703 1900 M Street NW, Suite 250
Tel: (512) 960-4866 Washington, D.C. 20036
Email: reid@wittliffcutter.com Tel: (202) 296-3585
Email: jake@zwillgen.com
kelsey@zwillgen.com

Sudhir V. Rao
ZWILLGEN PLLC
183 Madison Ave., Suite 1601
New York, NY 10016
Tel: (646) 362-5590
Email: sudhir.rao@zwillgen.com

Attorneys for Defendants

/s/ Rick Berlin
RICK BERLIN

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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: 108302928
Filing Code Description: Motion
Filing Description: 20251120 Motion to Extend Time to File Notice of
Appeal 1551
Status as of 11/21/2025 7:26 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Rick Berlin Rick.Berlin@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Richard RMcCutcheon richard.mccutcheon@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Madeline Fogel madeline.fogel@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Daniel T.Zwart daniel.zwart@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Kaylie Buettner Kaylie.Buettner@oag.texas.gov 11/20/2025 4:12:07 PM SENT

Meredith Spillane Meredith.Spillane@oag.texas.gov 11/20/2025 4:12:07 PM SENT

W. Reid Wittliff reid@wittliffcutter.com 11/20/2025 4:12:07 PM SENT

Kelsey Harclerode kelsey@zwillgen.com 11/20/2025 4:12:07 PM SENT

Jake Sommer jake@zwillgen.com 11/20/2025 4:12:07 PM SENT

Sudhir V. Rao sudhir.rao@zwillgen.com 11/20/2025 4:12:07 PM SENT