Shamrock Psychiatric Clinic, P.A. v. Texas Health and Human Services Commission Charles Smith, Executive Commissioner of the Texas Health and Human Services Commission And Stuart W. Bowen Jr., Inspector General for the Texas Health and Human Services Commission Office of Inspector General
ACCEPTED
03-15-00349-CV
6340232
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/4/2015 8:52:14 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00349-CV
In the FILED IN
3rd COURT OF APPEALS
Third Court of Appeals AUSTIN, TEXAS
Of Texas 8/4/2015 8:52:14 AM
JEFFREY D. KYLE
Clerk
SHAMROCK PSYCHIATRIC, P.A.
Appellants,
V.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION,
KYLE JANEK, MD, EXECUTIVE COMM’R
AND DOUGLAS WILSON, INSPECTOR GENERAL
Appellees,
On appeal from the 126th District Court, Travis County, Texas
Cause NO. D-1-GV-14-001833
FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF
Appellant asks the Court to extend the time to file Appellant’s Brief.
A. Introduction
1. Appellant is Shamrock Psychiatric, P.A..
2. This motion is filed within the period to file a motion to extend the time to
file briefs, as required by Rules 10.5 and 38.6.
3. The appellees are not opposed to this motion.
B. Argument & Authorities
4. The Court may grant an extension of time to file briefs under Texas Rule of
Appellate Procedure 38.6.
Appellant Shamrock Psychiatric, P.A.’s Motion to Extend Time to File Brief
Page 1 of 4
5. The deadline to file the Brief is August 5, 2015.
6. Appellant requests an additional 30 days to file its Brief, extending the time
until September 4, 2015.
7. Appellant requests this extension because intervening appellate briefs and
legal matters, including:
a. Briefing and oral argument on the merits in Cause No. D-1-GN-14-2229,
Antoine Dental Center v. Texas Health and Human Services Commission and
Office of Inspector General, in the 200th District Court of Travis County, Texas;
b. Merits hearing in SOAH Docket No. XXX-XX-XXXX, Texas Juvenile
Justice Department v. Curtis Jones, before the State Office of Administrative
hearings; and
c. A change in the physical location of our law office which necessitated
several days without access to our server and computers.
8. No previous extension has been requested or granted to extend the time to
file Appellant’s Brief.
C. Prayer
8. For these reasons, Appellant asks the Court to grant an extension of time to
file Brief until September 4, 2015.
Appellant Shamrock Psychiatric, P.A.’s Motion to Extend Time to File Brief
Page 2 of 4
Respectfully Submitted,
___________________________
Jason Ray
State Bar No. 24000511
RIGGS & RAY, P.C.
506 West 14th Street
Austin, Texas 78701
(512) 457-9806 Telephone
(512) 457-9066 Facsimile
jray@r-alaw.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF CONFERENCE
I communicated by email on August 3, 2015 with opposing counsel,
Eugene A. Clayborn and he advised that he does not oppose this motion.
___________________________
Jason Ray
Appellant Shamrock Psychiatric, P.A.’s Motion to Extend Time to File Brief
Page 3 of 4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
served by eservice on August 4, 2015 to the following:
Eugene A. Clayborn
Assistant Attorney General
Deputy Chief, Administrative Law Division
Office of the Attorney General of Texas
P.O. Box 125548, Capitol Station
Austin, Texas 78711-2548
Eugene.clayborn@texasattorneygeneral.gov
___________________________
Jason Ray
Appellant Shamrock Psychiatric, P.A.’s Motion to Extend Time to File Brief
Page 4 of 4