Opinion

Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Aug 14, 2015
Status
Published
Cited by
0 cases

The opinion

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August 10, 2015 (which is withdrawn).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.

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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

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

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