The opinion
ACCEPTED
03-14-00774-CV
7157273
THIRD COURT OF APPEALS
AUSTIN, TEXAS
9/30/2015 8:34:22 AM
JEFFREY D. KYLE
CLERK
No. 03-14-00774-CV
IN THE COURT OF APPEALS
FOR THE THIRD DISTRICT OF TEXAS FILED IN
3rd COURT OF APPEALS
AT AUSTIN AUSTIN, TEXAS
9/30/2015 8:34:22 AM
JEFFREY D. KYLE
ELLEN JEFFERSON, D.V.M. Clerk
Appellant,
v.
TEXAS STATE BOARD OF VETERINARY MEDICAL EXAMINERS AND NICOLE ORIA, IN
HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR
Appellees.
On Appeal from the 250th Judicial District Court
of Travis County, Texas
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE
REPLY BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M.
TO THE HONORABLE THIRD COURT OF APPEALS:
Appellant Ellen Jefferson, D.V.M. (“Dr. Jefferson”) respectfully requests an
additional twenty-one (21) days to file her Appellant’s Reply Brief for the following
reasons:
I.
The current deadline for filing Dr. Jefferson’s Appellant’s Reply Brief is
October 1, 2015. A twenty-one day extension of time to file Appellant’s Reply Brief
would create a new deadline of October 22, 2105. This motion is not opposed.
II.
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON , D.V.M. Page 1
Appellant does not request an extension of time for purposes of delay but rather
so that justice may be done and so that Appellant’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 Appellant’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;
• Mercury-Ward LLC v. Anadarko Petroleum Corporation, No. 13-09-
23160-CVW, in the 143rd District Court of Ward County.
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;
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON , D.V.M. Page 2
• 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;
• 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.
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON , D.V.M. Page 3
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
Appellant’s Reply Brief.
V.
Counsel for Dr. Jefferson conferred with Appellees’ counsel regarding this
motion, and counsel for Appellees indicated that Appellees do not oppose this
motion.
WHEREFORE, Appellant Ellen Jefferson, D.V.M. prays that the Court grant
this Unopposed First Motion for Extension of Time to File Reply Brief of Appellant,
and for any such other relief to which she is entitled.
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON , D.V.M. Page 4
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 APPELLANT
ELLEN JEFFERSON, D.V.M.
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON , D.V.M. Page 5
CERTIFICATE OF CONFERENCE
I certify that counsel for Dr. Jefferson contacted counsel for Appellees
regarding this motion, and that counsel for Appellees indicated that Appellees 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 30th day of
September, 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 REPLY BRIEF OF APPELLANT ELLEN JEFFERSON , D.V.M. Page 6