ACCEPTED
03-14-00774-CV
6511311
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/14/2015 4:43:44 PM
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 8/14/2015 4:43:44 PM
____________________________________________________
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’
SUBSTITUTED MOTION TO EXTEND BRIEFING DEADLINE
____________________________________________________
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
(“Board”), by and through the Office of the Attorney General of Texas and the
undersigned Assistant Attorney General, requests an extension of time to and
including September 11, 2015 in which to file and serve its response to the brief filed
by Cross-Appellant Ellen Jefferson, D.V.M. (“Jefferson”).
This motion is in lieu of the Board’s Motion to Abate Appeal, etc. filed on
August 10, 2015 (which is withdrawn).
In support, the Board would show the Court as follows:
1. The Board requests an extension of time to file its brief to September
11, 2015. (The Court has already granted Jefferson an extension to file her brief, to
September 8.)
2. The reason for the request is that the undersigned counsel for
Appellants and in-house counsel for the Veterinary Board have other deadlines and
matters scheduled during July and August which have prevented them from fully
addressing the issues raised in Jefferson’s 61-page brief.
3. 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 brief and
fully address the issues in this appeal.
4. Co-counsel for Jefferson has stated that he does not oppose this request
for extension of time.
The Board respectfully requests this Court to extend its deadline to file its
brief in response to Jefferson’s brief, to September 11, 2015.
Dated: August 14, 2015.
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 hereby certify that I contacted counsel for Cross-Appellant and he stated that
he does 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
has been served on the following on this the 14th day of August 2015:
David F. Brown Via: Electronic Service
dbrown@ebblaw.com
David P. Blanke
dblanke@ebblaw.com
Zeke DeRose III
zderose@ebblaw.com
EWELL, BROWN & BLANKE, LLP
111 Congress Avenue, 28th Floor
Austin, Texas 78701
Ryan Clinton Via: Electronic Service
State Bar No. 24027934
DAVIS, GERALD & CREMER, P.C.
111 Congress Ave., Suite 1660
Austin, Texas 78701
rdclinton@dgclaw.com
Attorneys for Cross-Appellant,
Ellen Jefferson, D.V.M.
/s/ Ted A. Ross
Ted A. Ross
Assistant Attorney General
4