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
7467477
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/21/2015 9:26:58 AM
JEFFREY D. KYLE
CLERK

No. 3-15-00262-CV
FILED IN
3rd COURT OF APPEALS
AUSTIN, TEXAS
In the Court of Appeals 10/21/2015 9:26:58 AM
Third District of Texas — Austin JEFFREY D. KYLE
Clerk

TEXAS ASSOCIATION OF ACUPUNCTURE AND ORIENTAL MEDICINE,

Appellant,
v.

TEXAS BOARD OF CHIROPRACTICE EXAMINERS AND YVETTE
YARBROUGH, EXECUTIVE DIRECTOR IN HER OFFICIAL CAPACITY,

Appellees.

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

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE REPLY BRIEF

Craig T. Enoch
Melissa A. Lorber
Shelby O’Brien
ENOCH KEVER PLLC
600 Congress Avenue, Suite 2800
Austin, Texas 78701
(512) 615-1200 / (512) 615-1198 fax

Attorneys for Appellant

1
 Appellant Texas Association of Acupuncture and Oriental Medicine files

this unopposed motion seeking a 20-day extension of time to file its reply brief.

See TEX. R. APP. P. 38.6(d). Appellant’s current deadline to file its brief is October

29, 2015. Appellant seeks an extension to a new deadline of November 18, 2015.

No prior extensions have been requested. Counsel for appellees does not oppose

this motion.

Appellant requests this extension to allow its counsel an opportunity to fully

analyze and respond to appellees’ brief. Counsel also has conflicting deadlines in

this Court, the Texas Supreme Court, other appellate courts, and trial courts. This

extension is sought in the interest of justice and not for purposes of delay.

PRAYER

Appellant Texas Association of Acupuncture and Oriental Medicine

respectfully prays that this Court grant this extension of time for filing its reply

brief until November 18, 2015, and award it all further relief to which it may be

justly entitled.

2
 Respectfully submitted,

By: /s/ Craig T. Enoch
Craig T. Enoch
Texas Bar No. 00000026
cenoch@enochkever.com
Melissa A. Lorber
Texas Bar No. 24032969
mlorber@enochkever.com
Shelby O'Brien
Texas Bar No. 24037203
sobrien@enochkever.com
ENOCH KEVER PLLC
600 Congress Avenue
Suite 2800
Austin, Texas 78701
512.615.1200 Telephone
512.615.1198 Fax
Attorneys for Texas Association of
Acupuncture and Oriental Medicine

CERTIFICATE OF CONFERENCE

As evidenced by my signature below, counsel for Appellant has conferred

with counsel for Appellees. Appellees do not oppose this Motion.

/s/ Shelby O’Brien
Shelby O’Brien

3
 CERTIFICATE OF SERVICE

I hereby certify that, on October 21, 2015, the foregoing Appellant’s

Unopposed Motion for Extension of Time to file Appellant’s brief served via

electronic service on the following:

Joe H. Thrash
Assistant Attorney General
Administrative Law Division
P.O. Box 12548
Austin, Texas 78711
Joe.Thrash@texasattorneygeneral.gov

/s/ Craig T. Enoch
Craig T. Enoch

4