Texas Board of Nursing v. Darlene Moriarty

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ACCEPTED 03-15-00742-CV 8372453 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/28/2015 10:25:24 AM JEFFREY D. KYLE CLERK No. 03-15-00742-CV _______________________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 12/28/2015 10:25:24 AM AT AUSTIN JEFFREY D. KYLE Clerk _______________________________________________________________ TEXAS BOARD OF NURSING Appellant, v. DARLENE MORIARTY Appellee. ________________________________________________________________ On Appeal from the 53rd Judicial District Court Of Travis County, Texas Cause No. D-1-GN-14-002410 __________________________________________________________________ OPPOSED 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 Board of Nursing (“the Board”), 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). The Board’s brief is due January 5, 2016. The Board respectfully requests an additional twenty-four days in which to file its brief, making the brief due to be filed on or before January 29, 2015. This is the Board’s first request for an extension. Appellee is opposed to this request. The Board respectfully requests an extension of time due holiday office closures, a previously scheduled hearing, and a briefing deadline. The undersigned counsel’s office is closed or operating with a “skeleton crew” on December 23-25th, December 31st, and January 1st. Additionally, the undersigned counsel has a hearing set for Thursday, January 7th in the Travis County District Court in James Parker v. Texas Health and Human Services Commission, Cause No. D-1-GN-15- 001923. The undersigned also has a district court brief due on January 15, 2015 in Alicia Engelhardt v. Texas Department of Aging and Disability Services, Cause No. D-1-GN-12-001193. Finally, the undersigned must assist a client agency in preparing for board meetings scheduled for January 28th and 29th. The Board accordingly seeks an extension of time in which to prepare and file Appellant’s Brief. 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. 2 For the above reasons, the Board respectfully requests that the Court grant this unopposed motion and extend the deadline for filing the Board’s brief up to and including January 29, 2016. 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 Appellee opposes this request. /s/ Kara Holsinger KARA HOLSINGER CERTIFICATE OF SERVICE A true and correct copy of the foregoing was served via e-serve and e-mail on this the 28th day of December, 2015 to the following: Elizabeth L. Higginbotham, RN, JD State Bar No. 00787694 1100 NW Loop 410, Suite 700 San Antonio, Texas 78213 Telephone: (210) 366-8871 Facsimile: (866) 250-4443 lizh@texasnurse-law.com Attorney for Appellee /s/ Kara Holsinger KARA HOLSINGER Assistant Attorney General 4