NO. 03-14- 00 774- CV

____________________________________________________

IN THE THIRD COURT OF APPEALS

AT AUSTIN, TEXAS

____________________________________________________

TEXAS STATE BOARD OF VETERINARY MEDICAL EXAMINERS, and NICOLE ORIA, in her Official Capacity as Executive Director Appellant s

/Cross-Appellees

,

v.

ELLEN JEFFERSON, D.V.M., Appellee/Cross-Appellant

.

____________________________________________________

On Appeal from the 127th Judicial District Court of Travis County, Texas

Cause No. D-1- GN

- 14 -000287 The Honorable Gisela D. Triana presiding

_________________________________________________

APPELLANTS’ UNOPPOSED MOTON FOR

EXTENSION OF TIME TO FILE BRIEF

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TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Appellants, the Texas State Board of Veterinary Medical Examiners and

Nicole Oria, in her Official Capacity as Executive Director, by and through the

Office of the Attorney General of Texas and the undersigned Assistant Attorney

General, respectfully request this Court to grant them a thirty (30) day extension of

time to file their initial brief, and in support would show the Court as follows:

1. Appellant s’ brief is currently due on May 8, 2015. No previous

extensions have been requested or granted. ACCEPTED
03-14-00774-CV

5188707
THIRD COURT OF APPEALS

AUSTIN, TEXAS
5/7/2015 10:40:38 AM

JEFFREY D. KYLE

CLERK2

2. Appell ant s request a thirty (30) day extension of time to file their brief

,

to June 8 , 2015.

3. The reason for the request is that t he undersigned counsel for

Appell ant s ha s hearings and other matters scheduled during May , 2015.

4. This Motion is no t interposed for the purpose of delay, but only for the

purpose of allowing counsel to adequately prepare and file Appell ant s’ brief and

fully address the issues in this appeal.

5. Counsel for Cross

- Appell ant , Ellen Jefferson, D.V.M., has stated that

he d oes not oppose this Motion.

Appell ant s therefore respectfully request an extension of time to and

including

, June 8 , 2015 in which to file and serve their brief in the captioned appeal.

Dated: May 7 , 201 5

.

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. Division Chief, Administrative Law Division3 /s/ Ted A. Ross

Ted A. Ross Assistant Attorney General

State Bar No. 24008890

O FFICE OF THE T EXAS A TTORNEY G ENERAL
A DMINISTRATIVE L AW D IVISION
P. O. Box 12548 Austin, Texas 78711

- 2548

Tele p hone: (512) 475

- 4191 Facsimile: (512) 457

- 4674

Email: ted.ross@texasattorneygeneral.gov

Attorneys for Appellant s
, Texas State Board of Veterinary Medical Examiners, and Nicole

Oria

, in her Official Capacity as Executive

Director

CERTIFICATE OF CONFERENCE

I hereby certify that I contacted counsel for Cross

- Appell ant and he stated that he does not oppose this Motion.

/s/ Ted A. Ross

Ted A. Ross Assistant Attorney General4 C ERTIFICATE OF SERVICE

I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of Appellate Procedure, a true and co rrect copy of the above and foregoing document has been served on the following on this the 7 th day of May 201 5 : Louis Leichter Ryan Clinton Via: Electronic Service

State Bar No. 24027934 DAVIS, GERALD & CREMER, P.C. 111 Congress Ave., Suite 1660 Austin, Texas 78701 (432) 687

- 0011 Fax: (432) 687

- 1735

David F. Brown Via: Electronic Service

David P. Blanke

Zeke DeRose III EWELL, BROWN & BLANKE, LLP 111 Congress Avenue, 28 th Floor Austin, Texas 78701 Telephone: (512) 457

- 0233 Facsimile: (877) 651

- 6384

Attorneys for Cross

-

App ellant

, Ellen Jefferson, D.V.M.

/s/ Ted A. Ross

Ted A. Ross Assistant Attorney General