ACCEPTED
03-13-00526-CV
5030936
THIRD COURT OF APPEALS
AUSTIN, TEXAS
4/24/2015 4:55:22 PM
JEFFREY D. KYLE
CLERK
NO. 03-13-00526-CV
_____________________________________________________________________
FILED IN
IN THE COURT OF APPEALS3rd AUSTIN,
COURT OF APPEALS
TEXAS
THIRD COURT OF APPEALS DISTRICT
4/24/2015 4:55:22 PM
_____________________________________________________________________
JEFFREY D. KYLE
Clerk
PHARMSERV, INC. , Appellant
V.
THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION and OFFICE OF
INSPECTOR GENERAL OF THE TEXAS HEALTH AND HUMAN SERVICES
COMMISSION, ET AL, Appellees
____________________________________________________________________
On Appeal from the 261st Judicial District Court of Travis County, Texas
Cause No. D-1-GN 12-001074-CV .
MOTION FOR EXTENSION OF TIME
TO FILE MOTION FOR REHEARING
OR, MOTION FOR EN BANC RECONSIDERATION
_____________________________________________________________________
Respectfully Submitted:
Jeff Avant
AVANT & MITCHELL, L. P.
700 Lavaca, Suite 1400
Austin, Texas 78701
Phone: (512) 478-5757
Facsimile: (512) 478-5404
E-mail: avantlaw@swbell.net
Hugh M. Barton
Hugh M. Barton, P.C.
603 West 13th St, Ste 1B
Austin, TX 78701
Telephone (512) 499-0793
Facsimile (512) 727-6717
E-mail: bartonlaw@yahoo.com
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TO THE HONORABLE COURT OF APPEALS:
Appellant, Pharmserv, Inc. presents this Motion for an Extension of Time to
File Appellant's Motion for Rehearing or En Banc Reconsideration as permitted by
Texas Rules of Appellate Procedure (TRAP) 49.8 and 10.5(b). As grounds for this
motion, Appellant/Movant would respectfully show the Court the following:
A. Appellant's Motion for Rehearing or Motion for En Banc
Reconsideration is due to be filed by today, April 24, 2015. The deadline for a
request for this extension of time per TRAP 49.8 is within 15 days thereafter or
May 9, 2015.
B. Appellant requests an extension of time to file its reply brief until
Friday, May 8, 2015, which is 14 days after the current due date of April 24, 2015 .
C. Appellant needs an extension of time to file its reply brief because
previously scheduled travel, compounded with the need to evaluate significant
developments on related law, has resulted in an unanticipated time crunch and need
for Appellant’s Counsel to re-evaluate necessity for and content of any motion for
rehearing or motion for en banc consideration. More specifically:
(1) Counsel for Appellant, in addition to routine duties, was scheduled
for business related travel on April 15, 2015 through April 21, 2015.
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(2) Counsel for Appellant has noted passage of Senate Bill 207 on
April 22, 2015. Section 9 and Section 16 of that legislation appear to
be directly related to issues which would form the basis of any further
appeal of this matter. Passage of SB 207 Sections 9 and 16 may also
affect the possibility of amicable resolution and voluntary dismissal.
D. This is Appellant's first request for extension of time to file a motion
for rehearing or motion for en banc consideration.
E. Movant attempted to reach counsel for Appellee by telephone and
email to determine whether there would be agreement or opposition to this motion,
but learned that Appellees’ counsel is out of the office until April 27, 2015.
THEREFORE, Appellant respectfully requests that the Court grant an
extension until Friday, May 8, 2015.
Respectfully Submitted
Jeff Avant
Jeff Avant (signed digitally)
AVANT & MITCHELL, L. P.
700 Lavaca, Suite 1400
Austin, Texas 78701
Phone: (512) 478-5757
Facsimile: (512) 478-5404
E-mail: avantlaw@swbell.net
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Hugh M. Barton
Hugh M. Barton, P.C.
603 West 13th St, Ste 1B
Austin, TX 78701
Telephone (512) 499-0793
Facsimile (512) 727-6717
E-mail: bartonlaw@yahoo.com
Certificate Of Attempted Conference And Certificate Of Service
By my signature below I certify that on this 24th day of April, 2015, two telephone
calls were made and an email was sent and response received indicating that
opposing counsel was not available for conference. I further certify that a true and
correct copy of the above and foregoing document was served on opposing counsel
today by email and/or electronic filing:
Jeff Avant
Jeff Avant (signed digitally)
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Pharmserv, Inc. v. Texas Health and Human Services Commission Office of the Inspector General of the Texas Health and Human Services Commission Kyle Janek, in His Official Capacity as Commissioner of Texas Health and Human Services Commission
Combined Opinion