ACCEPTED
03-14-00774-CV
7118216
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/28/2015 10:01:50 AM
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 9/28/2015 10:01:50 AM
____________________________________________________
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’ FIRST UNOPPOSED MOTON FOR
EXTENSION OF TIME TO FILE REPLY BRIEF
____________________________________________________
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Appellants, the Texas State Board of Veterinary Medical Examiners and
Nicole Oria, in her Official Capacity as Executive Director, by and through the
Office of the Attorney General of Texas and the undersigned Assistant Attorney
General, respectfully request this Court to grant them an extension of time to file
their reply brief to October 22, 2015, and in support would show the Court as
follows:
1. Appellants’ reply brief is currently due on September 28, 2015. No
previous extensions have been requested or granted.
2. Appellants request an extension of time to file their reply brief to
October 22, 2015.
3. The reason for the request is that the undersigned counsel for
Appellants was away from the office and had hearings and other matters scheduled
during September, 2015.
4. This Motion is not interposed for the purpose of delay, but only for the
purpose of allowing counsel to adequately prepare and file Appellants’ reply brief
and fully address the issues in this appeal.
5. Counsel for Cross-Appellant, Ellen Jefferson, D.V.M., has stated that
he does not oppose this Motion.
Appellants therefore respectfully request an extension of time to and including
October 22, 2015 in which to file and serve their reply brief in the captioned appeal.
Dated: September 28, 2015.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
2
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
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
3
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 28th day of September 2015:
Ryan Clinton Via: Electronic Service
DAVIS, GERALD & CREMER, P.C.
111 Congress Ave., Suite 1660
Austin, Texas 78701
(432) 687-0011
Fax: (432) 687-1735
David F. Brown Via: Electronic Service
David P. Blanke
Zeke DeRose III
EWELL, BROWN & BLANKE, LLP
111 Congress Avenue, 28th Floor
Austin, Texas 78701
Telephone: (512) 457-0233
Facsimile: (877) 651-6384
Attorneys for Cross-Appellant,
Ellen Jefferson, D.V.M.
/s/ Ted A. Ross
Ted A. Ross
Assistant Attorney General
4
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
Combined Opinion