Unopposed Motion for Leave to File Excess Pages¶
Bass v. TTUHSC, No. 5:25-cv-00244-H-BV (N.D. Tex.) · Dkt. 40 · 2026-03-23 · PDF
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Case 5:25-cv-00244-H-BV Document 40 Filed 03/23/26 Page 1 of 2 PageID 1222 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION KEVIN N. BASS, § § Plaintiff, § § v. § Civil Action No. 5:25-cv-00244-H-BV § TEXAS TECH UNIVERSITY HEALTH § SCIENCES CENTER, et al., § § Defendants. § PLAINTIFF'S MOTION FOR LEAVE TO FILE REPLY BRIEF IN EXCESS OF PAGE LIMITATION Plaintiff Kevin N. Bass respectfully moves for leave to file a reply brief of approximately thirteen pages, exceeding the ten-page limitation of LR 7.2(c) by three pages. Defendants raised multiple grounds for denying leave to amend across three filings totaling over thirty combined pages (Doc. 27, Doc. 38, and Doc. 39), including futility, sovereign immunity, qualified immunity, academic deference, serial amendment, and improper use of FERPA — while declining to address any of the proposed Third Amended Complaint's 215 paragraphs. A ten-page reply cannot adequately respond to these arguments while presenting the categories of unanswered evidence that demonstrate the TAC is not futile. Plaintiff has endeavored to be as concise as possible. Plaintiff's reply brief is filed contemporaneously with this motion. CERTIFICATE OF CONFERENCE Plaintiff conferred with Defendants' counsel, Assistant Attorney General Scott D. Smith, by email on March 22, 2026, regarding whether Defendants oppose this motion. Plaintiff's conference email estimated the reply at approximately eleven pages. Defendants' counsel 1 Case 5:25-cv-00244-H-BV Document 40 Filed 03/23/26 Page 2 of 2 PageID 1223 responded that Defendants are "unopposed to [the] Reply Brief exceeding the 10-page limit." The final reply brief is approximately thirteen pages. The additional length reflects the need to address fifteen categories of evidence across four thematic areas that Defendants' opposition did not engage. Respectfully submitted, /s/ Kevin N. Bass Kevin N. Bass kbassphiladelphia@gmail.com | 512-333-4092 CERTIFICATE OF SERVICE I certify that on March 23, 2026, I filed the foregoing document with the Clerk of Court using the CM/ECF system, which will send notification of such filing to all counsel of record pursuant to Federal Rule of Civil Procedure 5(b)(2)(E): Scott D. Smith Assistant Attorney General Office of the Attorney General of Texas General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Email: scott.smith@oag.texas.gov /s/ Kevin N. Bass Kevin N. Bass 2