The opinion
ACCEPTED
03-14-00774-CV
6373073
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/5/2015 3:51:54 PM
JEFFREY D. KYLE
CLERK
No. 03-14-00774-CV
IN THE COURT OF APPEALS
FILED IN
FOR THE THIRD DISTRICT OF TEXAS
3rd COURT OF APPEALS
AUSTIN, TEXAS
AT AUSTIN
8/5/2015 3:51:54 PM
JEFFREY D. KYLE
Clerk ORIA, IN
TEXAS STATE BOARD OF VETERINARY MEDICAL EXAMINERS AND NICOLE
HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR
Appellants,
v.
ELLEN JEFFERSON, D.V.M.
Appellee.
On Appeal from the 250th Judicial District Court
of Travis County, Texas
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE
BRIEF OF APPELLEE ELLEN JEFFERSON, D.V.M.
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellee Ellen Jefferson, D.V.M. (“Dr. Jefferson”) respectfully requests an
additional thirty days to file her Appellee’s brief for the following reasons:
I.
The current deadline for filing Dr. Jefferson’s Appellee’s Brief is August 7,
2015. A thirty-day extension of time to file Appellant’s Brief would create a new
deadline of September 8, 2015. This motion is not opposed.
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE ELLEN JEFFERSON , D.V.M. Page 1
II.
Appellee does not request an extension of time for purposes of delay but rather
so that justice may be done and so that Appellee’s counsel may prepare a fully
researched and helpful brief for the Court’s consideration.
III.
Additional time is needed to prepare this brief due to Appellee’s counsel’s
multiple additional work matters. In addition to this case, appellate counsel Ryan
Clinton is involved in litigation matters including:
• Endeavor Energy Resources, L.P. v. Discovery Operating, Inc., No. 15-
0155 in the Supreme Court of Texas;
• JSA Properties Ltd. v. SandRidge Energy, Inc., No. P-11681-112-CV in
the 112th District Court of Pecos County;
• Tamra Hissom Budd, et al v. Energen Resources Corporation., No. 15-
02-825, in the 143rd District Court of Loving County;
• GKM Mineral Partnership, LP v. SandRidge Energy, Inc., No. 3,123 in
the 83rd District Court of Terrell County, Texas;
• West Texas National Bank v. FEC Holdings, No. CV48334, in the 385th
District Court of Midland County;
• Brennand Lazy H Ranch Ltd. v. Energen Resources Corporation, No.
16,452, in the 32nd District Court of Mitchell County;
• Mercury-Ward LLC v. Anadarko Petroleum Corporation, No. 08-15-
00168-CV, in the El Paso Court of Appeals; and
• Chesapeake Exploration, L.L.C. v. BMT O&G TX, L.P., No. 08-14-
00133-CV, in the El Paso Court of Appeals.
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE ELLEN JEFFERSON , D.V.M. Page 2
Appellate counsel David Brown is involved in litigation matters including:
• Alvarez & Marsal Insurance Advisory Services v. The Honorable Greg
Abbott, Attorney General of Texas and Texas Windstorm Insurance
Association, No. D-1-GN-13-002445, in Travis County District Court;
• Alvarez & Marsal Insurance Advisory Services v. The Honorable Greg
Abbott, Attorney General of Texas and Texas Windstorm Insurance
Association, No. D-1-GN-13-003669, in Travis County District Court;
• Texas Windstorm Insurance Association v. The Honorable Greg Abbott,
Attorney General of Texas, D-1-GN-14-001353, in Travis County
District Court;
• Texas Windstorm Insurance Association v. The Honorable Greg Abbott,
Attorney General of Texas, D-1-GN-14-001799, in Travis County
District Court;
• Texas Windstorm Insurance Association v. The Honorable Greg Abbott,
Attorney General of Texas, D-1-GN-14-002686, in Travis County
District Court;
• Texas Windstorm Insurance Association v. The Honorable Greg Abbott,
Attorney General of Texas, D-1-GN-14-002775, in Travis County
District Court;
• Harris County Hospital District v. AT&T, No. 2010-28461, in the 333rd
District Court for Harris County, Texas;
• Texas Department of Motor Vehicles v. New Orleans Cold Storage and
Warehouse Company, SOAH Docket No. XXX-XX-XXXX, in the State
Office of Administrative Hearings;
• Texas Board of Veterinary Medical Examiners v. Ellen Jefferson, DVM,
SOAH Docket No. XXX-XX-XXXX, in the State Office of Administrative
Hearings;
• In re: Cointerra, Inc., No. 15-10109 in the United States Bankruptcy
Court for the Western District of Texas;
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE ELLEN JEFFERSON , D.V.M. Page 3
• In re: UPH Holdings, Inc. and Tex-Link Communications, Inc., No.
13-10570 in the United States Bankruptcy Court for the Western District
of Texas;
• Application of CenterPoint Energy Houston Electric LLC to Amend a
Certificate of Convenience and Necessity, SOAH Docket No.
XXX-XX-XXXX, PUC Docket No. 44547; and
• Rio Grande LNG, LLC and Rio Bravo Pipeline Company, LLC, FERC
Docket No. PF15-20.
Appellate counsel David Blanke is involved in litigation matters including:
• Texas County and District Retirement System v. Wexford Spectrum
Fund, L.P., et al., No. D-1-GN-13-001141, in the 261st Judicial District
Court, Travis County, Texas;
• Taccolini, et al. v. InduSoft Inc., et al., No. D-1-GN-14-001853, in the
201st Judicial District Court of Travis County, Texas;
• Texas Board of Veterinary Medical Examiners v. Ellen Jefferson, DVM,
SOAH Docket No. XXX-XX-XXXX, in the State Office of Administrative
Hearings; and
• an ongoing Texas Attorney General antitrust CID investigation.
IV.
This is Dr. Jefferson’s first request for an extension of time to file her
Appellee’s brief.
V.
David Brown, counsel for Dr. Jefferson, conferred with Ted Ross, Appellants’
counsel, regarding this motion, and counsel for Appellants indicated that Appellants
do not oppose this motion.
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE ELLEN JEFFERSON , D.V.M. Page 4
WHEREFORE, Appellee Ellen Jefferson, D.V.M. prays that the Court grant
this Unopposed First Motion for Extension of Time to File Brief of Appellee, and for
any such other relief to which she is entitled.
Respectfully submitted,
/s/ Ryan Clinton
Ryan Clinton
State Bar No. 24027934
rdclinton@dgclaw.com
DAVIS, GERALD & CREMER, P.C.
111 Congress Ave., Suite 1660
Austin, Texas 78701
(432) 687-0011
Fax: (432) 687-1735
David F. Brown
State Bar No. 03108700
dbrown@ebblaw.com
David P. Blanke
State Bar No. 02453600
dblanke@ebblaw.com
EWELL, BROWN & BLANKE, LLP
111 Congress Ave., 28th Floor
Austin, TX 78701
(512) 457-0233
ATTORNEYS FOR APPELLEE
ELLEN JEFFERSON, D.V.M.
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE ELLEN JEFFERSON , D.V.M. Page 5
CERTIFICATE OF CONFERENCE
I certify that David Brown, counsel for Dr. Jefferson, contacted Ted Ross,
counsel for Appellants, regarding this motion, and that counsel for Appellants
indicated that Appellants do not oppose this Motion.
/s/ Ryan Clinton
Ryan Clinton
CERTIFICATE OF COMPLIANCE
I certify that this motion was prepared in 14-point font.
/s/ Ryan Clinton
Ryan Clinton
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing was sent this 5th day of
August, 2015, as follows:
VIA EFSP & EMAIL
Mr. Andrew Lutostanski
andrew.lutostanski@texasattorneygeneral.gov
Mr. Ted A. Ross
ted.ross@texasattorneygeneral.gov
Office of the Attorney General
of Texas
Administrative Law Division
P. O. Box 12548
Austin, TX 78711
/s/ Ryan Clinton
Ryan Clinton
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE ELLEN JEFFERSON , D.V.M. Page 6