Texas Department of Public Safety v. Bryan Jason Saintes

ACCEPTED 15-24-00092-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/11/2025 8:48 AM

NO. 15-24-00092-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ AUSTIN, TEXAS

IN THE FIFTEENTH COURT OF APPEALS 2/11/2025 8:48:06 AM CHRISTOPHER A. PRINE AT AUSTIN, TEXAS Clerk

⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, vs. BRYAN JASON SAINTES, Appellee. ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ Cause No. CV-93124 County Court at Law No. 2, Galveston County, Texas Honorable Robert Mayfield, Judge Presiding ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ APPELLEE’S UNOPPOSED FIRST MOTION FOR EXTENSION IN TIME TO SUBMIT BRIEF ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯

TO THE HONORABLE JUSTICE’S OF THE FIFTEENTH COURT OF APPEALS:

Appellee Bryan Jason Saintes, through his undersigned counsel, respectfully moves this Honorable Court to grant a 30-day extension in time, up to and including March 9, 2025, in which to submit Appellee’s brief in this matter, and would show the Court as follows.

(1) The deadline for submitting Appellee’s brief in this matter is February 6, 2025, in that Appellant submitted its opening brief to the Court on January 7, 2025.

(2) Appellee seeks a 30-day extension in time, up to and including March 9, 2025, in which to submit his brief.

(3) Need for extension:

a. Counsel of record representing the Texas Department of

Public Safety has indicated via email dated February 4,

2025, that the Department is not opposed to the requested

extension; and

b. The undersigned has a practice that requires attention

with respect to his caseload, including multiple state and

federal trial court settings in Harris and surrounding

counties, trial motions and habeas corpus briefing dates,

client and expert witness consultations, as well as

administrative tasks that require the undersigned

attention.

(4) Appellee has not sought any previous extensions in this matter.

(5) The extension is not sought for purposes of undue delay, or to harass and vex, but to present briefing worthy of this Honorable Court’s attention and to protect Appellee’s valuable rights in this matter so as to ensure he has his day in court. See Coleman v. Alabama, 377 U.S. 129, 133 (1964) (defendant “entitled to have his day in court”).

Appellee requests that the Court grant a 30-day extension in time in which to submit Appellee’s brief in this matter, and that the Court further grant any additional relief to which Appellee may be legally and justly entitled.

February 6, 2025.

Respectfully submitted,

LAW OFFICE OF DAVID A. BRESTON

/s/ David A. Breston David A. Breston State Bar Number: 90001478 1820 West Bell Street Houston, Texas 77019 Telephone: (713) 224-4040

Counsel for the Defendant Bryan Jason Saintes

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing has been duly served upon counsel representing the Appellant in this matter via hand delivery, email or the electronic case filing system on February 6, 2025.

LAW OFFICE OF DAVID A. BRESTON

/s/ David A. Breston David A. Breston State Bar Number: 90001478

Counsel for the Appellee Bryan Jason Saintes

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.

David Breston on behalf of David Breston Bar No. 90001478 janet@davidbreston.com Envelope ID: 97215754 Filing Code Description: Motion Filing Description: UNOPPOSED FIRST EXTENSION Status as of 2/11/2025 8:51 AM CST

Case Contacts Name BarNumber Email TimestampSubmitted Status D'na Collins 24087326 dna.collins@dps.texas.gov 2/11/2025 8:48:06 AM SENT David Breston 90001478 david@davidbreston.com 2/11/2025 8:48:06 AM SENT Chris Bingham houstoncontractparalegalservices@yahoo.com 2/11/2025 8:48:06 AM SENT Elizabeth AnneDupuy elizabeth.dupuy@dps.texas.gov 2/11/2025 8:48:06 AM SENT LaKisha SeldonMcKay lakisha.mckay@dps.texas.gov 2/11/2025 8:48:06 AM ERROR