Texas Association of Acupuncture and Oriental Medicine v. Texas Board of Chiropractic Examiners And Patricia Gilbert, Executive Director in Her Official Capacity

ACCEPTED
03-15-00262-CV
6768069
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/2/2015 3:11:09 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00262-CV
_______________________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
FOR THE THIRD DISTRICT OF TEXAS 9/2/2015 3:11:09 PM
AT AUSTIN JEFFREY D. KYLE
Clerk
_______________________________________________________________

TEXAS ASSOCIATION OF ACUPUNCTURE
AND ORIENTAL MEDICINE,
Appellant,
v.
TEXAS BOARD OF CHIROPRACTIC EXAMINERS AND
YVETTE YARBROUGH, EXECUTIVE DIRECTOR
IN HER OFFICIAL CAPACITY,
Appellees.
________________________________________________________________

On Appeal from the 201st Judicial District Court
Of Travis County, Texas
Cause No. D-1-GN-14-000355
__________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
APPELLEES’ BRIEF
__________________________________________________________________

KEN PAXTON JOE H. THRASH
Attorney General of Texas Assistant Attorney General
State Bar No. 19995500
CHARLES E. ROY Assistant Attorney General
First Assistant Attorney General Administrative Law Division
P.O. Box 12548, Capitol Station
JAMES E. DAVIS Austin, Texas 78711-2548
Deputy Attorney General for Civil Telephone: (512) 475-4203
Litigation Facsimile: (512) 320-0167
Joe.thrash@texasattorneygeneral.gov
DAVID A. TALBOT, JR.
Chief, Administrative Law Division ATTORNEYS FOR APPELLEES
 MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF

Appellees, the Texas Board of Chiropractic Examiners, and Yvette

Yarbrough, Executive Director in her official capacity, (“TBCE”) respectfully ask

this Court for an extension of time to file Appellees’ Brief pursuant to Texas Rules

of Appellate Procedure 10.5(b) and 38.6(d). TBCE’s brief is due September 9,

2015. TBCE respectfully requests an additional thirty days in which to file its brief,

making the brief due to be filed on or before October 9, 2015. This is TBCE’s first

request for an extension. Appellant is not opposed to this request.

This extension is needed due to the undersigned counsel’s extensive duties

in connection with implementation of legislative changes and other duties to his

client agencies. This request is not made for purposes of delay, but to allow the

undersigned counsel time to properly prepare Appellees’ Brief, and so that justice

can be done.

For the above reasons, TBCE respectfully requests that the Court grant this

unopposed motion and extend the deadline for filing TBCE’s brief up to and

including October 9, 2015.

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.
Chief, Administrative Law Division

/s/ Joe H. Thrash
JOE H. THRASH
Bar No. 19995500
Assistant Attorney General
Administrative Law Division
P. O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4203
Facsimile: (512) 320-0167
Joe.Thrash@texasattorneygeneral.gov
ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

The undersigned counsel for Appellees certifies that he has conferred with

counsel for Appellant regarding the foregoing request for an extension of time, and

has been advised that she is unopposed to this request.

/s/ Joe H. Thrash
JOE H. THRASH
Assistant Attorney General
 CERTIFICATE OF SERVICE

A true and correct copy of the foregoing Appellees’ Brief was served via e-

serve and e-mail on this the 2nd day of September, 2015 to the following:

Craig T. Enoch Via electronic service and email
ENOCH KEVER PLLC
600 Congress Avenue
Suite 2800
Austin, Texas 78701
cenoch@enochkever.com
Melissa A. Lorber
mlorber@enochkever.com
Telephone: (512) 615-1200
Facsimile: (512) 615-1198
Attorneys for Plaintiff Texas Association of
Acupuncture and Oriental Medicine

/s/ Joe H. Thrash
JOE H. THRASH
Assistant Attorney General