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
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