UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 1

No. 03-14-00774-CV

 

IN THE COURT OF APPEALS

FOR THE THIRD DISTRICT OF TEXAS

AT AUSTIN

 

 

ELLEN JEFFERSON, D.V.M.

 

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 SECOND 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 fifteen (15) 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 22, 2015. A fifteen day extension of time to file Appellant’s Reply Brief

would create a new deadline of November 6, 2105. This motion is not opposed.

 

ACCEPTED

03-14-00774-CV

7434402

THIRD COURT OF APPEALS

AUSTIN, TEXAS

10/19/2015 1:55:15 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/19/2015 1:55:15 PM JEFFREY D. KYLE Clerk
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 2

II.

Appellant does notrequest 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;

• XOG Operating, LLC v. Chesapeake Exploration Ltd. P’ship, No. 07-

13-00439-CV, in the Amarillo Court of Appeals; and

• Mercury-Ward LLC v. Anadarko Petroleum Corporation, No. 08-15-

00168-CV, in the El Paso Court of Appeals.

Appellate counsel David Brown is involved in litigation matters including:
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 3

• 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;

• Texas WindstormInsurance 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 WindstormInsurance 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. 608-14-3835, in the State

Office of Administrative Hearings;

• Texas Board of Veterinary Medical Examiners v. Ellen Jefferson, DVM,

SOAH Docket No. 578-14-1546, 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;
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 4

• Application of CenterPoint Energy Houston Electric LLC to Amend a

Certificate of Convenience and Necessity, SOAH Docket No.

473-15-3595, PUC Docket No. 44547; and

• Rio Grande LNG, LLC and Rio Bravo Pipeline Company, LLC, FERC

Docket No. PF15-20.

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. 578-14-1546, in the State Office of Administrative

Hearings; and

• an ongoing Texas Attorney General antitrust CID investigation. 

IV.

This is Dr. Jefferson’s second 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. 
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 5

WHEREFORE, Appellant Ellen Jefferson, D.V.M. prays that the Court grant

this Unopposed Second Motion for Extension of Time to File Reply Brief of

Appellant, and for any such other relief to which she is entitled.

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., 28 Floor

th

Austin, TX 78701

(512) 457-0233

ATTORNEYS FOR APPELLANT 

ELLEN JEFFERSON, D.V.M.
UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 6

CERTIFICATE OF CONFERENCE

I certify that counsel for Dr. Jefferson conferred with 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 19 day of th

October, 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