Appellants Motion to Extend Time to File Brief 

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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 53rd 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

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/13/2015 4:04:45 PM JEFFREY D. KYLE Clerk
Appellants Motion to Extend Time to File Brief

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2. This 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 January 14, 2015.

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

time until February 13, 2015. 

7. This appeal may become moot because the State of Texas recently filed,

against some of the Appellants in this appeal, similar but discrete civil court 

claims on related issues. As a result, 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.
Appellants Motion to Extend Time to File Brief

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C. Prayer

9. For these reasons, Appellants asks the Court to grant an extension of time 

to file their brief until February 13, 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 counsel, 

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 Ray
Appellants Motion to Extend Time to File Brief

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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@texasattorneygeneral.gov

Counsel for ACS State Healthcare,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