Appellants Motion to Exten d Time to File Brief

Page 1 of 4 NO. 03- 14 -00614- CV

IN THE

THIRD COURT OF APPEALS

OF TEXAS

ATLAS DENTAL, LP, ET AL

Appellant

,

v.

ACS STATE HEALTHCARE, LLC AND THE STATE OF TEXAS

Appellees.

On appeal from the 53 rd District Court, Travis County, Texas

Cause No. NO. D-1- GV

- 14 -000581

FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF

Appellant asks the Court to extend the time to file Appellant’ s Brief.

A. Introduction

1. Appellants are Atlas Dental, LP and Dr. Hieu Huynh; Irma CantuThompson, DDS, PC and Irma Cantu-Thompson; Dr. Stephen Chu; Dr. Richard

F. Herrscher; MAN & CFN Ortho, PLLC, Navarro Orthodontix of Irving, PC,

Navarro Orthodontix of Ft. Worth, PLLC, Navarro Orthodontix of Mcallen,

PLLC, Navarro Orthodontix of Edinburg, PLLC, Navarro Orthodontix, PC, and

Dr. Carlos F. Navarro; RGV Smiles by Rocky L. Salinas, DDS, PA and Dr.

Rocky Salinas; Victor M. Zurita, DDS. ACCEPTED

03-14-00614-CV

3754801

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/13/2015 4:04:45 PM

JEFFREY D. KYLE

CLERKAppell ant s Motion to Exten d Time to File Brief

Page 2 of 4 2. Th is motion is filed within the period to file a motion to extend the time to

file briefs, as required by Rules 10.5 and 38.6.

3. The appellees are not opposed to this motion.

B. Argument & Authorities

4. The Court may grant an extension of time to file briefs under Texas Rule

of Appellate Procedure 38.6.

5. The deadline to file the Brief is Ja nuary 14 , 2015

.

6. Appellant s request an additional 30 days to file its Brief, extending the

time until February 13 , 2015

.

7. Th is appeal may become moot because the State of Texas recently filed

,

against some of the Appellant s in this appeal

, similar but discrete civil court

claims on related issues . As a resul t, those new claims may obviate the need for

this appeal. In addition, if the same legal questions ultimately present themselves

in those new civil cases, the issues may be more clear and straightforward to

bring in those cases. Appellants’ counsel needs some additional time to research

the effect of those new, similar claims by the State of Texas to determine whether

this appeal is necessary to preserve appellants’ legal complaints.

8

. No previous extension has been requested or granted to extend the time to

file Appellant ’s Brief.Appell ant s Motion to Exten d Time to File Brief

Page 3 of 4 C . Prayer

9

. For these reasons, Appellant s asks the Court to grant an extension of time

to file their b rief until February 1 3 , 2015.

Respectfully Submitted,

___________________________ Jason Ray

State Bar No. 24000511

RIGGS ALESHIRE & RAY, P.C.

700 Lavaca, Suite 920

Austin, Texas 78701

(512) 457

- 9806 Telephone

(512) 457

- 9066 Facsimile

jray@r

- alaw.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF CONFERENCE

I communicated by telephone on January 12 , 2015 with opposing coun sel

,

Raymond Winter (for the State of Texas) and Eric J.R. Nichols (for ACS State

Healthcare) and they advised that they do not oppose this motion.

___________________________ Jason RayAppell ant s Motion to Exten d Time to File Brief

Page 4 of 4 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was

served by eservice on January 13 , 2015 to the following:

Counsel for State of Texas:

Raymond Winter

Office of the Attorney General

P.O. Box 12458

Austin, TX 78711

- 2548

raymond.winter@texasattorneygenera l.gov

Counsel for ACS State H ealthcare,LLC:

Eric J.R. Nichols

Christopher R. Cowan

Beck Redden, LLP

515 Congress Avenue, Suite 1750

Austin, Texas, 78701

enichols@beckredden.com

ccowan@beckredden.com

___________________________ Jason Ray