Opinion

Texas Association of Acupuncture and Oriental Medicine v. Texas Board of Chiropractic Examiners And Patricia Gilbert, Executive Director in Her Official Capacity

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Sep 2, 2015
Status
Published
Cited by
0 cases

The opinion

ACCEPTED

03-15-00262-CV

6768069

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/2/2015 3:11:09 PM

JEFFREY D. KYLE

CLERK

No. 03-15-00262-CV

_______________________________________________________________

FILED IN

3rd COURT OF APPEALS

IN THE COURT OF APPEALS AUSTIN, TEXAS

FOR THE THIRD DISTRICT OF TEXAS 9/2/2015 3:11:09 PM

AT AUSTIN JEFFREY D. KYLE

Clerk

_______________________________________________________________

TEXAS ASSOCIATION OF ACUPUNCTURE

AND ORIENTAL MEDICINE,

Appellant,

v.

TEXAS BOARD OF CHIROPRACTIC EXAMINERS AND

YVETTE YARBROUGH, EXECUTIVE DIRECTOR

IN HER OFFICIAL CAPACITY,

Appellees.

________________________________________________________________

On Appeal from the 201st Judicial District Court

Of Travis County, Texas

Cause No. D-1-GN-14-000355

__________________________________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE

APPELLEES’ BRIEF

__________________________________________________________________

KEN PAXTON JOE H. THRASH

Attorney General of Texas Assistant Attorney General

State Bar No. 19995500

CHARLES E. ROY Assistant Attorney General

First Assistant Attorney General Administrative Law Division

P.O. Box 12548, Capitol Station

JAMES E. DAVIS Austin, Texas 78711-2548

Deputy Attorney General for Civil Telephone: (512) 475-4203

Litigation Facsimile: (512) 320-0167

Joe.thrash@texasattorneygeneral.gov

DAVID A. TALBOT, JR.

Chief, Administrative Law Division ATTORNEYS FOR APPELLEES

MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF

Appellees, the Texas Board of Chiropractic Examiners, and Yvette

Yarbrough, Executive Director in her official capacity, (“TBCE”) respectfully ask

this Court for an extension of time to file Appellees’ Brief pursuant to Texas Rules

of Appellate Procedure 10.5(b) and 38.6(d). TBCE’s brief is due September 9,

2015. TBCE respectfully requests an additional thirty days in which to file its brief,

making the brief due to be filed on or before October 9, 2015. This is TBCE’s first

request for an extension. Appellant is not opposed to this request.

This extension is needed due to the undersigned counsel’s extensive duties

in connection with implementation of legislative changes and other duties to his

client agencies. This request is not made for purposes of delay, but to allow the

undersigned counsel time to properly prepare Appellees’ Brief, and so that justice

can be done.

For the above reasons, TBCE respectfully requests that the Court grant this

unopposed motion and extend the deadline for filing TBCE’s brief up to and

including October 9, 2015.

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/ Joe H. Thrash

JOE H. THRASH

Bar No. 19995500

Assistant Attorney General

Administrative Law Division

P. O. Box 12548, Capitol Station

Austin, Texas 78711-2548

Telephone: (512) 475-4203

Facsimile: (512) 320-0167

Joe.Thrash@texasattorneygeneral.gov

ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

The undersigned counsel for Appellees certifies that he has conferred with

counsel for Appellant regarding the foregoing request for an extension of time, and

has been advised that she is unopposed to this request.

/s/ Joe H. Thrash

JOE H. THRASH

Assistant Attorney General

CERTIFICATE OF SERVICE

A true and correct copy of the foregoing Appellees’ Brief was served via e-

serve and e-mail on this the 2nd day of September, 2015 to the following:

Craig T. Enoch Via electronic service and email

ENOCH KEVER PLLC

600 Congress Avenue

Suite 2800

Austin, Texas 78701

cenoch@enochkever.com

Melissa A. Lorber

mlorber@enochkever.com

Telephone: (512) 615-1200

Facsimile: (512) 615-1198

Attorneys for Plaintiff Texas Association of

Acupuncture and Oriental Medicine

/s/ Joe H. Thrash

JOE H. THRASH

Assistant Attorney General

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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