The opinion
ACCEPTED
03-14-00774-CV
5577813
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/8/2015 10:26:28 AM
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 6/8/2015 10:26:28 AM
____________________________________________________
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’ SECOND UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF
____________________________________________________
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Appellants, the Texas State Board of Veterinary Medical Examiners and
Nicole Oria, in her Official Capacity as Executive Director, by and through the
Office of the Attorney General of Texas and the undersigned Assistant Attorney
General, respectfully request this Court to grant a thirty (30) day extension of time
to file their initial brief, and in support would show the Court as follows:
1. Appellants’ brief is currently due on June 8, 2015, pursuant to an
extension granted by the Court on May 8, 2015. Appellants request an additional
thirty (30) day extension of time to file their brief, to July 8, 2015.
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 June, 2015. In addition, Appellants would note that Cross-
Appellant Ellen Jefferson, D.V.M. was granted a similar (second) extension of time
to file her brief to July 8, 2015.
3. This Motion is not interposed for the purpose of delay, but only for the
purpose of allowing counsel to adequately prepare and file Appellants’ brief and
fully address the issues in this appeal.
4. Co-counsel for Cross-Appellant has stated that he does not oppose this
Motion.
Appellants therefore respectfully request an extension of time to and
including, June 8, 2015 in which to file and serve their brief in the captioned appeal.
Dated: June 8, 2015.
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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
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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
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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 8th day of June 2015:
David F. Brown Via: Electronic Service
David P. Blanke
Zeke DeRose III
EWELL, BROWN & BLANKE, LLP
111 Congress Avenue, 28th Floor
Austin, Texas 78701
Telephone: (512) 457-0233
Facsimile: (877) 651-6384
Ryan Clinton Via: Electronic Service
State Bar No. 24027934
DAVIS, GERALD & CREMER, P.C.
111 Congress Ave., Suite 1660
Austin, Texas 78701
(432) 687-0011
Fax: (432) 687-1735
Attorneys for Cross-Appellant,
Ellen Jefferson, D.V.M.
/s/ Ted A. Ross
Ted A. Ross
Assistant Attorney General
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