ACCEPTED
03-15-00061-CV
3913305
THIRD COURT OF APPEALS
AUSTIN, TEXAS
1/27/2015 12:13:29 PM
03-15-00061-CV JEFFREY D. KYLE
CLERK
NO.
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
1/27/2015 12:13:29 PM
JEFFREY D. KYLE
Clerk
IN THE COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS
AUSTIN, TEXAS
IN RE TELADOC, INC.
Relator.
MOTION TO EXPEDITE
JACKSON WALKER L.L.P.
Matt Dow
State Bar No. 06066500
Dudley D. McCalla
State Bar No. 13354000
100 Congress Avenue, Suite 1100
Austin, Texas 78701
(512) 236-2000
(512) 236-2002 – Fax
MOTION TO EXPEDITE - Page 1
TO THE HONORABLE COURT OF APPEALS:
COMES NOW Teladoc, Inc. (“Teladoc”) and moves the Court to expedite
granting of the Motion to Transfer filed this date and as grounds herefore would
show:
I.
On January 16, 2015 the Texas Medical Board (“TMB”) issued an order
adopting on an emergency basis an amendment to Rule 90.8(1)(L) (attached as
Exhibit 1). On January 20, 2015 Teladoc field its Original Verified Petition for
Declaratory Judgment and Application for Injunctive Relief and on that date the
Honorable Gisela Triana granted a Temporary Restraining Order ordering the
TMB and its agents, servants, employees and attorneys to desist and refrain from
implementing, communicating and enforcing the amendment to Rule 190.8(1)(L)
(Exhibit 2). Thereafter, the Honorable Gisela Triana (joined by Teladoc) executed
the Motion to Transfer filed with this Court this date.
II.
Hearing on Temporary Injunction in Cause No. D-1-GN-15-000238 is set
for February 2, 2015 at 9:00 a.m. Teladoc today is submitting its Petition for
Temporary Injunctive Relief to protect the jurisdiction of this Honorable Court
following granting of the Motion to Transfer.
MOTION TO EXPEDITE - Page 2
PREMISES CONSIDERED, Teladoc prays that the Motion to Transfer and
appropriate injunctive relief be granted prior to February 2, 2015, to protect the
jurisdiction of this Honorable Court.
Respectfully submitted,
JACKSON WALKER L.L.P.
By: /s/ Dudley D. McCalla
Dudley D. McCalla
State Bar No. 13354000
Matt Dow
State Bar No. 06066500
100 Congress, Suite 1100
Austin, TX 78701
(512) 236-2000
(512) 236-2002 - Fax
ATTORNEYS FOR TELADOC,
INC.
MOTION TO EXPEDITE - Page 3
CERTIFICATE OF SERVICE
This is to certify that on this 27th day of January, 2015, a true and correct
copy of the foregoing document was served by fax and email on the parties listed
below:
Ted Ross
Office of the Attorney General of Texas
P.O. Box 12548
Austin, Texas 78711-2548
Fax: 512-474-1062
Attorney for TMB
_/s/ Dudley D. McCalla______
Dudley D. McCalla
12056563v.1 124965/00019
MOTION TO EXPEDITE - Page 4