Texas Racing Commission v. Toby Keeton

ACCEPTED
15-25-00156-cv
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
11/3/2025 5:36 PM
CHRISTOPHER A. PRINE
CLERK
FILED IN
15th COURT OF APPEALS
AUSTIN, TEXAS
11/3/2025 5:36:25 PM
November 3, 2025
CHRISTOPHER A. PRINE
Clerk
Via E-File
Christopher A. Prine, Clerk
FIFTEENTH COURT OF APPEALS
P.O. Box 12852
Austin, Texas 78711

Re: Case No. 15-25-00156-CV; Texas Racing Commission v. Toby Keeton, In the
Fifteenth Court of Appeals

Dear Mr. Prine,

Please allow this letter to serve as an update to the status of the clerk’s and reporter’s
records in this matter.

Requests for both the clerk’s and reporter’s records were filed with the Travis County
District Clerk on October 21, 2025 (see attached requests).

An invoice was received for the clerk’s record on October 22, 2025, and payment has
been requested and is being processed by our accounting department.

As of the receipt of your letters, we hadn’t heard from the court reporter for the 126th
Judicial District Court, Ms. Kasi Chapman. In follow-up, a request for a transcript
was made via a link on the 126th Judicial District Court’s website (see email
confirmation attached), and an email was also sent to Ms. Chapman regarding the
reporter’s record request (see attached email). No responses have been received at
this time.

Sincerely,

/s/ Jennifer Foster
Jennifer Foster
Legal Assistant
Administrative Law Division
Telephone: (512) 475-4035
Jennifer.foster@oag.texas.gov

P os t Of fic e Box 12548 , Aust in, Texa s 7 8 7 1 1 - 2 5 4 8 • ( 5 1 2 ) 4 6 3 - 2 1 0 0 • www. texa satto r neyg eneral .gov
10/21/2025 1:41 PM
Velva L. Price
District Clerk
Travis County
Cause No. D-1-GN-25-002549 D-1-GN-25-002549
Selina Hamilton

TOBY KEETON, § IN THE DISTRICT COURT OF
Plaintiff, §
§
v. § TRAVIS COUNTY, TEXAS
§
TEXAS RACING COMMISSION, §
Defendant. § 353RD JUDICIAL DISTRICT

DEFENDANTS’ REQUEST FOR PREPARATION AND FILING OF THE
CLERK’S RECORD

TO THE HONORABLE VELVA L. PRICE, TRAVIS COUNTY DISTRICT CLERK:

Defendant Texas Racing Commission (Commission), by and through the Office

of the Attorney General of Texas and the undersigned Assistant Attorneys General,

has appealed this case to the Court of Appeals for the Fifteenth Judicial District at

Austin, Texas. This interlocutory appeal will be an accelerated appeal.

Pursuant to Texas Rule of Appellate Procedure 34.5, the Commission

respectfully requests that the items listed in Rule 34.5(a), along with the items below,

including all attachments and exhibits filed therewith, be included in the Clerk’s

Record prepared for transmission to the Fifteenth Court of Appeals:

Date Filed Document Description
April 9, 2025 Plaintiff’s Original Petition
April 11, 2025 Request for Issuance of Citation
May 19, 2025 Defendant’s Original Answer, Plea to the
Jurisdiction, Request for Submission
June 18, 2025 Plaintiff’s Response in Opposition to
Defendant’s Plea to the Jurisdiction
August 7, 2025 Defendant’s Amended Plea to the Jurisdiction
Date Filed Document Description
September 10, Plaintiff’s Response in Opposition to
2025 Defendant’s Amended Plea to the Jurisdiction
October 7, 2025 Letter from Judge Aurora Martinez Jones
October 9, 2025 Order Denying Defendant’s Amended Plea to
the Jurisdiction

The Commission is responsible for the payment of the cost of the Clerk’s

Record. Please notify the undersigned counsel of the cost so that payment may be

sent.

TEXAS RACING COMMISSION’S REQUEST FOR CLERK’S RECORD
Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 2 of 4
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

ERNEST C. GARCIA
Chief, Administrative Law Division

/s/ Lauren McGee
LAUREN MCGEE
State Bar No. 24128835
Assistant Attorney General
Administrative Law Division
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-3203
Lauren.McGee@oag.texas.gov

ATTORNEYS FOR DEFENDANT TEXAS RACING
COMMISSION

TEXAS RACING COMMISSION’S REQUEST FOR CLERK’S RECORD
Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Request
for Preparation and Filing of the Clerk’s Record has been served on October 21, 2025,
in compliance with Texas Rule of Civil Procedure 21a to the following party:

CLARK O. BREWSTER
State Bar No. 786841
JOSEPH C. DE ANGELIS
Admitted Pro Hac Vice
Brewster & De Angelis, PLLC
2617 E. 21st Street
Tulsa, OK 74114
Telephone: (918) 742-2021
cbrewster@brewsterlaw.com
jcdeangelis@brewsterlaw.com

DON GRIFFIN, JR.
State Bar No. 08456975
Vinson & Elkins, LLP
845 Texas St., Ste 4700
Houston, TX 77002-2946
Telephone: (713) 758-3508
dgriffin@velaw.com

ATTORNEYS FOR PLAINTIFF
TOBY KEETON

/s/ Lauren McGee
LAUREN MCGEE
Assistant Attorney General

TEXAS RACING COMMISSION’S REQUEST FOR CLERK’S RECORD
Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 4 of 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.

Jennifer Foster on behalf of Lauren McGee
Bar No. 24128835
jennifer.foster@oag.texas.gov
Envelope ID: 107104762
Filing Code Description: Request
Filing Description: DEFENDANTS' REQUEST FOR PREPARATION AND
FILING OF THE CLERK'S RECORD
Status as of 10/22/2025 8:53 AM CST

Associated Case Party: TOBY KEETON

Name BarNumber Email TimestampSubmitted Status

Don Griffin 8456975 dgriffin@velaw.com 10/21/2025 1:41:22 PM SENT

Clark Brewster cbrewster@brewsterlaw.com 10/21/2025 1:41:22 PM SENT

Joseph DeAngelis jcdeangelis@brewsterlaw.com 10/21/2025 1:41:22 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jennifer Foster Jennifer.Foster@oag.texas.gov 10/21/2025 1:41:22 PM SENT

Marissa Rodriguez Marissa.rodriguez@traviscountytx.gov 10/21/2025 1:41:22 PM SENT

Associated Case Party: TEXAS RACING COMMISSION

Name BarNumber Email TimestampSubmitted Status

Lauren McGee lauren.mcgee@oag.texas.gov 10/21/2025 1:41:22 PM SENT

Canon ParkerHill canon.hill@oag.texas.gov 10/21/2025 1:41:22 PM SENT
10/21/2025 1:40 PM
Velva L. Price
District Clerk
Travis County
Cause No. D-1-GN-25-002549 D-1-GN-25-002549
Selina Hamilton

TOBY KEETON, § IN THE DISTRICT COURT OF
Plaintiff, §
§
v. § TRAVIS COUNTY, TEXAS
§
TEXAS RACING COMMISSION, §
Defendant. § 353RD JUDICIAL DISTRICT

DEFENDANTS’ REQUEST FOR PREPARATION AND FILING OF THE
REPORTER’S RECORD

TO THE HONORABLE JUDGE OF THIS COURT:

Defendant Texas Racing Commission (Commission), by and through the Office

of the Attorney General of Texas and the undersigned Assistant Attorneys General,

has appealed this case to the Court of Appeals for the Fifteenth Judicial District at

Austin, Texas. This interlocutory appeal will be an accelerated appeal.

Pursuant to Texas Rule of Appellate Procedure 34.6, the Commission

respectfully requests that the Court Reporter for the 126th Judicial District Court

prepare the Reporter’s Record of the Tuesday, September 23, 2025, hearing on the

Plaintiff’s Motion for Preliminary Injunction and Defendant’s Plea to the

Jurisdiction, including any exhibits, for transmission to the Fifteenth Court of

Appeals.

The Commission is responsible for the payment of the cost of the Reporter’s

Record. Please notify the undersigned counsel of the cost so that payment may be

sent.
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

ERNEST C. GARCIA
Chief, Administrative Law Division

/s/ Lauren McGee
LAUREN MCGEE
State Bar No. 24128835
Assistant Attorney General
Administrative Law Division
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-3203
Lauren.McGee@oag.texas.gov

ATTORNEYS FOR DEFENDANT TEXAS RACING
COMMISSION

TEXAS RACING COMMISSION’S REQUEST FOR REPORTER’S RECORD
Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 2 of 3
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing Request
for Preparation and Filing of the Reporter’s Record has been served on October 21,
2025, in compliance with Texas Rule of Civil Procedure 21a to the following party:

CLARK O. BREWSTER
State Bar No. 786841
JOSEPH C. DE ANGELIS
Admitted Pro Hac Vice
Brewster & De Angelis, PLLC
2617 E. 21st Street
Tulsa, OK 74114
Telephone: (918) 742-2021
cbrewster@brewsterlaw.com
jcdeangelis@brewsterlaw.com

DON GRIFFIN, JR.
State Bar No. 08456975
Vinson & Elkins, LLP
845 Texas St., Ste 4700
Houston, TX 77002-2946
Telephone: (713) 758-3508
dgriffin@velaw.com

ATTORNEYS FOR PLAINTIFF
TOBY KEETON

/s/ Lauren McGee
LAUREN MCGEE
Assistant Attorney General

TEXAS RACING COMMISSION’S REQUEST FOR REPORTER’S RECORD
Cause No. D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission. Page 3 of 3
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.

Jennifer Foster on behalf of Lauren McGee
Bar No. 24128835
jennifer.foster@oag.texas.gov
Envelope ID: 107104686
Filing Code Description: Request
Filing Description: DEFENDANTS' REQUEST FOR PREPARATION AND
FILING OF THE REPORTERS RECORD
Status as of 10/22/2025 11:35 AM CST

Associated Case Party: TOBY KEETON

Name BarNumber Email TimestampSubmitted Status

Don Griffin 8456975 dgriffin@velaw.com 10/21/2025 1:40:28 PM SENT

Clark Brewster cbrewster@brewsterlaw.com 10/21/2025 1:40:28 PM SENT

Joseph DeAngelis jcdeangelis@brewsterlaw.com 10/21/2025 1:40:28 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jennifer Foster Jennifer.Foster@oag.texas.gov 10/21/2025 1:40:28 PM SENT

Marissa Rodriguez Marissa.rodriguez@traviscountytx.gov 10/21/2025 1:40:28 PM SENT

Associated Case Party: TEXAS RACING COMMISSION

Name BarNumber Email TimestampSubmitted Status

Lauren McGee lauren.mcgee@oag.texas.gov 10/21/2025 1:40:28 PM SENT

Canon ParkerHill canon.hill@oag.texas.gov 10/21/2025 1:40:28 PM SENT
From: CTS Service Desk
To: Jennifer Foster
Subject: 126th District Court - Travis County - Transcript Request Recevied
Date: Monday, November 3, 2025 2:00:19 PM

Dear Jennifer Foster,
Your transcript request form has been received. The court reporter will be reaching out to you
to make arrangements.

Have a wonderful day!
Travis County Civil and Family Courts

This electronic mail message, including any attachments, may be confidential or privileged
under applicable law. This email is intended solely for the use of the individual or entity to
which it is addressed. If you are not the intended recipient of this email, you are notified that
any use, dissemination, distribution, copying, disclosure or any other action taken in relation
to the content of this email including any attachments is strictly prohibited. If you have
received this email in error, please notify the sender immediately and permanently delete the
original and any copy of this email, including secure destruction of any printouts.
From: Jennifer Foster
To: "kasi.chapman@traviscountytx.gov"
Cc: Lauren McGee
Subject: Re Transcript for D-1-GN-25-002549; Toby Keeton v. Texas Racing Commission
Date: Monday, November 3, 2025 3:21:00 PM
Attachments: 2025 1021 Request for Reporters Record.pdf
image001.png

Good afternoon, Ms. Chapman,

We filed the attached request for reporter’s record, if any, in the matter referenced
above, which is now on accelerated appeal, on October 21, 2025. It does not appear that
this request made its way to you, so in addition to filling out your transcript request
online, I wanted to forward it to you. The 15th Court of Appeals has given a deadline of
November 13, 2025, to have the reporter’s record filed.

Please let me know if you need any additional information on our end to complete this
request.

Thank you,

Jennifer Foster
Legal Assistant to
Rosalind Hunt, Lauren McGee,
and Bradley Wurster;
Enforcement Team Member
Administrative Law Division
Office of the Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
(512) 475-4035
(512) 320-0167 fax
jennifer.foster@oag.texas.gov

This message may be confidential and/or privileged under Government Code sections 552.101, 552.103, 552.107,
and 552.111 and should not be disclosed without the express authorization of the Attorney General.
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.

Jennifer Foster on behalf of Lauren McGee
Bar No. 24128835
jennifer.foster@oag.texas.gov
Envelope ID: 107614516
Filing Code Description: Letter
Filing Description: Ltr to 15COA Clerk re Records
Status as of 11/4/2025 7:03 AM CST

Associated Case Party: Toby Keeton

Name BarNumber Email TimestampSubmitted Status

Clark Brewster 786841 cbrewster@brewsterlaw.com 11/3/2025 5:36:25 PM SENT

Don Griffin 8456975 dgriffin@velaw.com 11/3/2025 5:36:25 PM SENT

Joseph DeAngelis jcdeangelis@brewsterlaw.com 11/3/2025 5:36:25 PM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jennifer Foster Jennifer.Foster@oag.texas.gov 11/3/2025 5:36:25 PM SENT

Associated Case Party: Texas Racing Commission

Name BarNumber Email TimestampSubmitted Status

Lauren McGee lauren.mcgee@oag.texas.gov 11/3/2025 5:36:25 PM SENT