# No. ___________

In the Supreme Court of Texas

T EXAS S TATE B OARD OF E XAMINERS OF M ARRIAGE AND F AMILY T HERAPISTS ; C HERYL G OMEZ IN H ER C APACITY AS E XECUTIVE D IRECTOR ; M ICHAEL P UHL , IN H IS C APACITY AS P RESIDING O FFICER ; T EXAS A SSOCIATION FOR M ARRIAGE AND F AMILY T HERAPY , Petitioners, v. T EXAS M EDICAL A SSOCIATION ,

Respondent

. On Petition for Review to the Third Court of Appeals

at Austin, Texas

U NOPPOSED J OINT M OTION FOR E XTENSION OF T IME

TO F ILE P ETITION FOR R EVIEW
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 53.7(f), Petitioners, the Texas State Board of Examiners of Marriage and Family Therapists, Cheryl Gomez, Michael Puhl, * and the Texas Association for Marriage and Family Therapy, file this unopposed joint motion for extension

* Cheryl Gomez and Michael Puhl have replaced Charles Horton and Sandra DeSobe, the parties to the judgments below, as executive director and presiding officer, respectively. They are automatically substituted as the parties in this Court pursuant to Texas Rule of Appellate Procedure 7.2(a). FILED 15-0299 4/20/2015 11:01:54 AM tex-4948712 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK2

of time requesting a 31-day extension of time to fi le their Petition for Review. No prior extensions have been requested.
I. This case comes to the Court from the Third Court o f Appeals in Austin, Texas. The case number in that court was 0 3-13-00077-CV, and the style was the same, Texas State Board of Examiners of Marriage and Family Therapists, et al. v. Texas Medical Associat ion . The court of appeals’ judgment issued on November 21, 2014. Pet itioners filed a motion for en banc reconsideration on December 8, 2014. T he court denied Petitioners’ motion on March 10, 2015.
II. Petitioners’ Petition for Review is currently due on Friday, April 24. See T EX
. R. A PP
. P. 53.7(a)(2). Petitioners seek a 31-day extension of that deadline, which would make their petition due on or before Monday, May 25,
2015. III. Counsel for both the Texas State Board of Examiners of Marriage and Family Therapists and the Texas Association for Mar riage and Family Therapy have had multiple briefing deadlines in oth er cases in the weeks3

leading up to the current April 24, 2015 deadline. Petitioners respectfully request this additional time not for purposes of de lay, but to review the record on appeal and to analyze the relevant law so as to provide the Court with a thorough and helpful brief. This is Petitio ners’ first such request, and counsel for Respondent does not oppose it.4 P RAYER Petitioners respectfully request the Court to grant their motion for extension of time to extend the deadline of their P etition for Review to May 25, 2015.

B AKER B OTTS L.L.P. /s/ Thomas R. Phillips T HOMAS R. P HILLIPS State Bar No. 00000102
D AVID T. A RLINGTON State Bar No. 00790238 G AVIN R. V ILLAREAL State Bar No. 24008211 98 San Jacinto Blvd., Suite 1500 Austin, Texas 78701-4039 Tel.: (512) 322-2678 Fax: (512) 322-8392 tom.phillips@bakerbotts.com C OUNSEL FOR A PPELLANT /C ROSS

A PPELLEE T EXAS A SSOC
. FOR M ARRIAGE AND F AMILY T HERAPY Respectfully submitted.
K EN P AXTON Attorney General of Texas C HARLES E. R OY First Assistant Attorney General S COTT A. K ELLER Solicitor General /s/ Dustin M. Howell D USTIN M. H OWELL Assistant Solicitor General State Bar No. 24050169 O FFICE OF THE A TTORNEY G ENERAL P.O. Box 12548 (MC-059) Austin, Texas 78711-2548 Tel.: (512) 936-0826 Fax: (512) 474-2697 dustin.howell@texasattorneygeneral.gov C OUNSEL FOR A PPELLANTS /C ROSS

A PPELLEES T EXAS S TATE B OARD OF E XAMINERS OF M ARRIAGE AND F AMILY T HERAPISTS , C HERYL G OMEZ , AND M ICHAEL P UHL5 C ERTIFICATE OF C ONFERENCE On April 19, 2015, undersigned counsel conferred b y email with counsel for respondent, David Bragg, who confirmed this mot ion is unopposed. /s/ Dustin M. Howell D USTIN M. H OWELL

C ERTIFICATE OF S ERVICE On April 20, 2015, this motion was served via File & Serve Xpress and email on: David F. Bragg L AW O FFICES OF D AVID F. B RAGG , P.C. 1010 Chestnut St. Bastrop, Texas 78602 Fax: (512) 581-0245 dfbragg@sbcglobal.net

/s/ Dustin M. Howell D USTIN M. H OWELL