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In Re TikTok Inc.; TikTok Ltd.; TikTok Pte. Ltd.; TikTok U.S. Data Security Inc.; ByteDance Ltd.; And ByteDance Inc. v. the State of Texas

2025-11-26

Summary

Holding. The disposition is unclear, as the opinion text does not explicitly state the court's grant or denial of the extension request.

The State of Texas requested an extension to file its response to TikTok's motion for temporary relief in a mandamus proceeding challenging a trial court's denial of TikTok's motion to dismiss. TikTok had petitioned the court of appeals on November 18, 2025, seeking to reverse the trial court's October 1, 2025 order and have the state's claims dismissed. The appellate court had directed Texas to respond by December 5, 2025.

Texas sought a one-week extension to December 12, 2025, citing the Thanksgiving holiday and the need to prepare a comprehensive response brief. The state represented that this was its first extension request and that TikTok had agreed to the extension. The motion was unopposed, with TikTok's counsel confirming agreement via email on November 25, 2025.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether TikTok's Rule 91a motion to dismiss should be granted
  • Whether the trial court properly denied TikTok's motion to dismiss
  • Procedural timing for filing appellate responses

Procedural posture

TikTok filed a petition for writ of mandamus in the Court of Appeals challenging a trial court order denying its motion to dismiss in a case brought by the State of Texas.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

ACCEPTED

15-25-00209-CV

FIFTEENTH COURT OF APPEALS

AUSTIN, TEXAS

11/26/2025 9:50 AM

CHRISTOPHER A. PRINE

No. 15-25-00209-CV CLERK

FILED IN

IN THE COURT OF APPEALS15th COURT OF APPEALS

AUSTIN, TEXAS

FOR THE FIFTEENTH DISTRICT OF TEXAS AT11/26/2025

AUSTIN9:50:39 AM

CHRISTOPHER A. PRINE

Clerk

I N RE T IK T OK I NC ., T IK T OK L TD .; T IK T OK P TE .; T IK T OK U.S.

D ATA S ECURITY I NC .;

B YTE D ANCE L TD .; AND B YTE D ANCE , I NC .,

RELATORS.

On Petition for Writ of Mandamus from the

250th Judicial District Court of Travis County, Texas

Trial Court Cause No. D-1-GN-25-003118

Honorable Cory Liu, Presiding Judge

REAL PARTY IN INTEREST STATE OF TEXAS’S

UNOPPOSED MOTION TO EXTEND TIME TO FILE

RESPONSE TO MOTION FOR TEMPORARY RELIEF

The State of Texas, real party in interest in this proceeding and Plaintiff in

the court below, files this motion requesting an extension of the deadline to file

its response to Relators’ motion for temporary relief.

On November 18, 2025, Relators filed a petition for writ of mandamus

asking this Court to reverse the district court’s October 1, 2025 Order denying

Relators’ Rule 91a motion to dismiss the State’s claims, vacate the trial court’s

decision, and instruct the trial court to dismiss the State’s claims. The same day,

Relators filed a motion to stay the district court’s proceedings pending

disposition of their petition for mandamus.

On Friday, November 21, the Court requested the State to file a response to the motion for temporary relief by December 5, 2025. In light of the

Thanksgiving holiday, the State requests a one-week extension to December 12,

2025. This is the State’s first request for an extension, and Relators agree to the

request. This request for an extension of time is not made for the purpose of

delay, but to permit the State time to adequately prepare and submit a thorough

brief.

PRAYER

For the above reasons, the State prays that the Court afford it until

December 12, 2025, to file its response to the motion for temporary relief.

DATED: November 26, 2025 Respectfully submitted,

KEN PAXTON /s/ Richard R. McCutcheon

Attorney General of Texas RICHARD R. McCUTCHEON

State Bar No. 24139547

BRENT WEBSTER MADELINE FOGEL

First Assistant Attorney General State Bar No. 24141985

Assistant Attorneys General

RALPH MOLINA OFFICE OF THE ATTORNEY

Deputy First Assistant GENERAL OF TEXAS

Attorney General Consumer Protection Division

808 Travis Street, Suite 1520

AUSTIN KINGHORN Houston, Texas 77002

Deputy Attorney General for Tel: (713) 225-8922

Civil Litigation Fax: (713) 223-5821

Richard.McCutcheon@oag.texas.gov

JOHNATHAN STONE Madeline.Fogel@oag.texas.gov Chief, Consumer Protection Division

DAVID H. THOMPSON*

ADAM P. LAXALT*

BRIAN W. BARNES*

MEGAN M. WOLD*

DELISA L. RAGSDALE

2

Texas Bar No. 24074579

COOPER & KIRK, PLLC

1523 New Hampshire Ave., N.W.

Washington, D.C., 20036

Telephone: (202) 220-9600

Facsimile: (202) 220-9601

dthompson@cooperkirk.com

*Pro Hac Vice admission forthcoming

JOHN C. HERNANDEZ

Texas State Bar No. 24095819

Assistant Attorney General

OFFICE OF THE ATTORNEY

GENERAL OF TEXAS

Consumer Protection Division

P.O. Box 12548

Austin, Texas 78711-2548

Tel: (512) 463-2185

Fax: (512) 473-8301

JC.Hernandez@oag.texas.gov

ADAM HOLTZ

State Bar No. 24143021

Assistant Attorney General

OFFICE OF THE ATTORNEY

GENERAL OF TEXAS

Consumer Protection Division

112 E. Pecan Street, Ste. 735

San Antonio. Texas 78205

Tel: (210) 225-4191

Fax: (210) 225-1072

Adam.Holtz@oag.texas.gov

ATTORNEYS FOR THE STATE OF TEXAS

3

CERTIFICATE OF CONFERENCE

The undersigned counsel conferred with counsel for Relators on November 25, 2025, via email in which counsel for Relators stated that Relators agree to the extension.

/s/ Richard R. McCutcheon

Richard R. McCutcheon

CERTIFICATE OF SERVICE

I hereby certify that on November 26, 2025, a true and correct copy of this document was served upon all counsel of record via electronic filing service.

/s/ Richard R. McCutcheon

Richard R. McCutcheon

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.

Gessica Taddei on behalf of Richard McCutcheon

Bar No. 24139547

gtaddei@cooperkirk.com

Envelope ID: 108489931

Filing Code Description: Motion

Filing Description: UNOPPOSED MOTION TO EXTEND TIME TO FILE

RESPONSE TO MOTION FOR TEMPORARY RELIEF

Status as of 11/26/2025 11:40 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Brandon Duke bduke@omm.com 11/26/2025 9:50:39 AM SENT

Trial Court 250.submission@traviscountytx.gov 11/26/2025 9:50:39 AM SENT

Adam Holtz adam.holtz@oag.texas.gov 11/26/2025 9:50:39 AM SENT

Brian Barnes bbarnes@cooperkirk.com 11/26/2025 9:50:39 AM SENT

David Thompson dthompson@cooperkirk.com 11/26/2025 9:50:39 AM SENT

Adam Laxalt alaxalt@cooperkirk.com 11/26/2025 9:50:39 AM SENT

Madeline Fogel madeline.fogel@oag.texas.gov 11/26/2025 9:50:39 AM SENT

Hannah Campus hannah.campus@oag.texas.gov 11/26/2025 9:50:39 AM SENT

Melinda Pate melinda.pate@oag.texas.gov 11/26/2025 9:50:39 AM SENT

Jerry Bergman jerry.bergman@oag.texas.gov 11/26/2025 9:50:39 AM SENT

Calendar Litigation litigationcalendar@omm.com 11/26/2025 9:50:39 AM SENT

Megan Crowley mcrowley@cov.com 11/26/2025 9:50:39 AM SENT

Richard Mccutcheon richard.mccutcheon@oag.texas.gov 11/26/2025 9:50:39 AM SENT

Zoann Willis zoann.willis@oag.texas.gov 11/26/2025 9:50:39 AM SENT

Rebecca Hermann rebecca.herrmann@oag.texas.gov 11/26/2025 9:50:39 AM SENT