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

ACCEPTED 03-14-00774-CV 7491935 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/22/2015 10:58:13 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 10/22/2015 10:58:13 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/CROSS-APPELLEES’ SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF ____________________________________________________ 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 (the “Board”), by and through the Office of the Attorney General of Texas and the undersigned Assistant Attorney General, respectfully request this Court to grant an extension of time to file their reply brief to November 6, 2015, and in support would show the Court as follows: 1. The Court granted the parties to this appeal an extension of time for filing their reply briefs to October 22, 2015. 2. The Board requests an extension of time to file its reply brief to November 6, 2015. 3. The reason for the request is that the undersigned counsel for the Board had hearings and other unexpected matters arise during the first two weeks of October, 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 the Board’s reply brief and fully address the issues in this appeal. 5. This motion is unopposed.1 The Board therefore respectfully request an extension of time to and including November 6, 2015 in which to file and serve its reply brief in the captioned appeal. Dated: October 22, 2015. 1 Appellee/Cross Appellant Ellen Jefferson, D.V.M. has also requested an extension to November 6 to file her reply brief. The Board does not oppose that request. 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 certify that counsel for Appellee/Cross-Appellant stated to me that they do 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 was served on the following on this the 22nd day of October 2015: Ryan Clinton Via: Electronic Service DAVIS, GERALD & CREMER, P.C. 111 Congress Ave., Suite 1660 Austin, Texas 78701 rdclinton@dgclaw.com David F. Brown Via: Electronic Service David P. Blanke Zeke DeRose III EWELL, BROWN & BLANKE, LLP 111 Congress Avenue, 28th Floor Austin, Texas 78701 dbrown@ebblaw.com dblanke@ebblaw.com zderose@ebblaw.com Attorneys for Cross-Appellant, Ellen Jefferson, D.V.M. 4 Michael Siegel Via: Electronic Service Christopher Coppola Assistant City Attorneys City of Austin Law Department P.O. Box 1546 Austin, Texas 78767-1546 Michael.siegel@austintexas.gov Christopher.coppola@austintexas.gov Counsel for Amicus Curaie City of Austin Elizabeth Holtz Via: email Associate Director, Law & Policy Alley Cat Allies 7920 Norfolk Avenue, Suite 600 Bethesda, MD 20814 eholtz@alleycat.org Counsel for Amicus Curiae Alley Cat Allies /s/ Ted A. Ross Ted A. Ross Assistant Attorney General 5