Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

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ACCEPTED 03-14-00774-CV 6511311 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/14/2015 4:43:44 PM JEFFREY D. KYLE CLERK NO. 03-14-00774-CV ____________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 8/14/2015 4:43:44 PM ____________________________________________________ JEFFREY D. KYLE Clerk TEXAS STATE BOARD OF VETERINARY MEDICAL EXAMINERS, and NICOLE ORIA, in her Official Capacity as Executive Director Appellants/Cross-Appellees, v. ELLEN JEFFERSON, D.V.M., Appellee/Cross-Appellant. ____________________________________________________ On Appeal from the 127th Judicial District Court of Travis County, Texas Cause No. D-1-GN-14-000287 The Honorable Gisela D. Triana presiding _________________________________________________ APPELLANTS’/CROSS-APPELLEES’ SUBSTITUTED MOTION TO EXTEND BRIEFING DEADLINE ____________________________________________________ TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS: Appellants/Cross-Appellees, the Texas State Board of Veterinary Medical Examiners and Nicole Oria, in her Official Capacity as Executive Director (“Board”), by and through the Office of the Attorney General of Texas and the undersigned Assistant Attorney General, requests an extension of time to and including September 11, 2015 in which to file and serve its response to the brief filed by Cross-Appellant Ellen Jefferson, D.V.M. (“Jefferson”). This motion is in lieu of the Board’s Motion to Abate Appeal, etc. filed on August 10, 2015 (which is withdrawn). In support, the Board would show the Court as follows: 1. The Board requests an extension of time to file its brief to September 11, 2015. (The Court has already granted Jefferson an extension to file her brief, to September 8.) 2. The reason for the request is that the undersigned counsel for Appellants and in-house counsel for the Veterinary Board have other deadlines and matters scheduled during July and August which have prevented them from fully addressing the issues raised in Jefferson’s 61-page brief. 3. This Motion is not interposed for the purpose of delay, but only for the purpose of allowing counsel to adequately prepare and file the Board’s brief and fully address the issues in this appeal. 4. Co-counsel for Jefferson has stated that he does not oppose this request for extension of time. The Board respectfully requests this Court to extend its deadline to file its brief in response to Jefferson’s brief, to September 11, 2015. Dated: August 14, 2015. 2 Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation DAVID A. TALBOT, JR. Division Chief, Administrative Law Division /s/ Ted A. Ross Ted A. Ross Assistant Attorney General State Bar No. 24008890 OFFICE OF THE TEXAS ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P. O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-4191 Facsimile: (512) 457-4674 Email: ted.ross@texasattorneygeneral.gov Attorneys for Appellants, Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in her Official Capacity as Executive Director 3 CERTIFICATE OF CONFERENCE I hereby certify that I contacted counsel for Cross-Appellant and he stated that he does not oppose this motion. /s/ Ted A. Ross Ted A. Ross Assistant Attorney General CERTIFICATE OF SERVICE I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of Appellate Procedure, a true and correct copy of the above and foregoing document has been served on the following on this the 14th day of August 2015: David F. Brown Via: Electronic Service dbrown@ebblaw.com David P. Blanke dblanke@ebblaw.com Zeke DeRose III zderose@ebblaw.com EWELL, BROWN & BLANKE, LLP 111 Congress Avenue, 28th Floor Austin, Texas 78701 Ryan Clinton Via: Electronic Service State Bar No. 24027934 DAVIS, GERALD & CREMER, P.C. 111 Congress Ave., Suite 1660 Austin, Texas 78701 rdclinton@dgclaw.com Attorneys for Cross-Appellant, Ellen Jefferson, D.V.M. /s/ Ted A. Ross Ted A. Ross Assistant Attorney General 4