Texas Health and Human Services Commission v. Jessica Lukefahr

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ACCEPTED 03-15-00325-CV 6397795 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/7/2015 9:32:12 AM JEFFREY D. KYLE CLERK No. 03-15-00325-CV _______________________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 8/7/2015 9:32:12 AM AT AUSTIN JEFFREY D. KYLE Clerk _______________________________________________________________ TEXAS HEALTH AND HUMAN SERVICES COMMISSION Appellant, v. JESSICA LUKEFAHR Appellee. ________________________________________________________________ On Appeal from the 345th Judicial District Court Of Travis County, Texas Cause No. D-1-GN-14-002158 __________________________________________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF __________________________________________________________________ KEN PAXTON KARA HOLSINGER Attorney General of Texas Assistant Attorney General State Bar No. 24065444 CHARLES E. ROY OFFICE OF THE ATTORNEY GENERAL First Assistant Attorney General OF TEXAS Administrative Law Division JAMES E. DAVIS P.O. Box 12548, Capitol Station Deputy Attorney General for Civil Austin, Texas 78711-2548 Litigation Telephone: (512) 475-4203 Facsimile: (512) 320-0167 DAVID A. TALBOT, JR. kara.holsinger@texasattorneygeneral.gov Chief, Administrative Law Division COUNSEL FOR APPELLANT Appellant, the Texas Health and Human Service Commission (“HHSC”), respectfully asks this Court for an extension of time to file Appellant’s Brief pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d). HHSC’s brief is due August 13, 2015. HHSC respectfully requests an additional twenty-nine days in which to file its brief, making the brief due to be filed on or before September 11, 2015. This is HHSC’s first request for an extension. Appellee is unopposed to this request. HHSC respectfully requests an extension of time due to active litigation in the Travis County district court that has required the undersigned counsel’s attention over the past thirty days. In Ovation Lending, L.L.C, et. al. v. Finance Commission of Texas, et. al. in Cause No. D-1-GN-15-002641, counsel prepared for and defended a request for a temporary restraining order and is currently preparing a motion for summary judgment that is due on August 13th. Counsel also prepared for and participated in hearings on pleas to the jurisdiction in Ovation Lending, L.L.C, et. al. v. Finance Commission of Texas, et. al. in Cause No. D-1-GN-15-000886 and Leala S. Mann v. The Employees Retirement System of Texas, et. al. Cause No. D-1-GN- 14-004724 Additionally, counsel has filed four answers in district court cases, and is currently assisting a client agency in preparing for board meetings scheduled for August 13-14th. HHSC accordingly seeks an extension of time in which to prepare and file Appellant’s Brief. 2 This request is not made for purposes of delay, but to allow the undersigned counsel time to properly prepare Appellant’s Brief, and so that justice can be done. For the above reasons, HHSC respectfully requests that the Court grant this unopposed motion and extend the deadline for filing HHSC’s brief up to and including September 11, 2015. 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. Chief, Administrative Law Division /s/ Kara Holsinger KARA HOLSINGER Assistant Attorney General State Bar No. 24065444 Office of the Attorney General of Texas Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4203 Facsimile: (512) 320-0167 kara.holsinger@texasattorneygeneral.gov COUNSEL FOR APPELLANT 3 CERTIFICATE OF CONFERENCE The undersigned counsel for Appellant certifies that she has conferred with counsel for Appellee regarding the foregoing request for an extension of time, and has been advised that she does not object to this request. /s/ Kara Holsinger KARA HOLSINGER CERTIFICATE OF SERVICE A true and correct copy of the foregoing Appellant’s Brief was served via e- serve and e-mail on this the 7th day of August, 2015 to the following: Maureen O’Connell Texas Bar No. 00795949 Southern Disability Law Center 1307 Payne Avenue Austin, Texas 78757 Phone: 512-458-5800 Fax: 512-458-5850 moconnell458@gmail.com Attorney for Appellee /s/ Kara Holsinger KARA HOLSINGER Assistant Attorney General 4