ACCEPTED
06-15-00076-CV Appeal
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/7/2015 8:54:27 AM
DEBBIE AUTREY
CLERK
NO. 06-15-00076-CV
IN THE FILED IN
6th COURT OF APPEALS
SIXTH COURT OF APPEALS TEXARKANA, TEXAS
TEXARKANA, TEXAS 12/7/2015 8:54:27 AM
DEBBIE AUTREY
Clerk
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
AND OFFICE OF INSPECTOR GENERAL,
Appellants,
v.
ANTOINE DENTAL CENTER,
Appellee.
On appeal from the 200th District Court, Travis County, Texas
Cause No. D-1-GN-14-002229
FIRST UNOPPOSED MOTION TO
EXTEND TIME TO FILE RESPONSE BRIEF
Appellee asks the Court to extend the time to file Appellee’s Response Brief for
an extension of 30 days.
A. Introduction
1. Appellee is Antoine Dental Center.
2. This motion is filed within the period to file a motion to extend the time to
file briefs, as required by Rules 10.5 and 38.6.
3. The Appellant, Texas Health and Human Services Commission and Office
of the Inspector General (“OIG”), is not opposed to this motion.
Appellee Antoine Dental Center’s Motion to Extend Time to File Response Brief
Page 1 of 4
B. Argument & Authorities
4. The Court may grant an extension of time to file briefs under Texas Rule of
Appellate Procedure 38.6.
5. The deadline to file the Response Brief is December 9, 2015.
6. Appellant requests this extension due to counsel having:
- Intervening cases that had immediate impending deadlines preventing a
timely reply brief to be completed, including an emergency amicus brief filed in
Case No. 03-15-262-CV, Texas Association of Acupuncture and Oriental Medicine
v. Texas Board of Chiropractic Examiners and Yvette Yarbrough, Executive
Director, and a separate appellate brief due in 03-15-349-CV, Shamrock
Psychiatric, P.A., v. Texas Health and Human Services Commission, Kyle Janek,
and Douglas Wilson.
- Two unexpected, late set depositions in No. 13-0551-FC3, IMMO Rafferty
McDonald and Emily McDonald and in the Interest of JTM and DKM, currently
pending in Willamson County Court at Law No. 3, distracted the undersigned
counsel from reviewing and addressing Appellant’s brief for over a week.
The Thanksgiving holiday period which reduced work productivity time
within the office.
7. No previous extension has been requested or granted to extend the time to
file Appellee’s Brief.
Appellee Antoine Dental Center’s Motion to Extend Time to File Response Brief
Page 2 of 4
C. Prayer
8. For these reasons, Appellee asks the Court to grant an extension of time to
file its Response Brief until January 8, 2015.
Respectfully Submitted,
___________________________
Jason Ray
State Bar No. 24000511
RIGGS & RAY, P.C.
506 West 14th Street
Austin, Texas 78701
(512) 457-9806 Telephone
(512) 457-9066 Facsimile
jray@r-alaw.com
ATTORNEY FOR APPELLEE
CERTIFICATE OF CONFERENCE
I communicated by email on December 4, 2015 with opposing counsel,
Raymond C. Winter, and he advised that he does not oppose this motion.
___________________________
Jason Ray
Appellee Antoine Dental Center’s Motion to Extend Time to File Response Brief
Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Motion to Extend Time to
File Response Brief was served via e-mail and e-service on the 7th day of December,
2015 on the following:
Counsel for Appellant Texas Health and Human Services Commission
and Office of the Inspector General
Raymond C. Winter
Chief, Civil Medicaid Fraud Division
Reynolds B. Brissenden
Noah Reinstein
Assistant Attorneys General
Office of the Attorney General
P.O. Box 12548
Austin, Texas 78711-2548
Telephone: (512) 936-1709
Facsimile: (512) 936-0674
E-mail: raymond.winter@texasattorneygeneral.gov
E-mail: reynolds.brissenden@texasattorneygeneral.gov
E-mail: noah.reinstein@texasattorneygeneral.gov
Jason Ray
Appellee Antoine Dental Center’s Motion to Extend Time to File Response Brief
Page 4 of 4