No. 03

- 15

- 00742 -CV

_______________________________________________________________ IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AT AUSTIN

____________________________________________________________ __ _ TEXAS BOARD OF NURSING Appellant ,

v. DARLENE MORIARTY Appellee

.

_______________________________________________________________ _ On Appeal from the 53rd Judicial District Court Of Travis County, Texas Cause No. D -1- GN

- 14

- 002410

__________________________________________________________________ OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

__________________________________________________________________ KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civi l Litigation
DAVID A. TALBOT, JR. Chief, Administrative Law Division KARA HOLSINGER Assistant Attorney General State Bar No. 24065444 O FFICE OF THE A TTORNEY G ENERAL OF T EXAS Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711

- 2548 Telephone: (512) 475

- 4203 Facsimile: (512) 320

- 0167 kara.holsinger@texasattorneygeneral.gov

COUNSEL FOR APPELLANT ACCEPTED 03-15-00742-CV 8372453 THIRD COURT OF APPEALS

AUSTIN, TEXAS 12/28/2015 10:25:24 AM JEFFREY D. KYLE

CLERKAppellant , t he Texas Board of Nursing (“the Board”) , respectfully ask s this

Court for an ext ension of time to file Appellant’s Brief pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d). The Board’s brief is due January 5, 2016

. The Board respectfully reque sts an additional twenty

- four days in which to file its brief, making the brief due to be filed on or before January 29, 2015 . This is the

Board’s first request for an extension. Appellee is opposed to this request

. The Board respectfully requests an extension of time due holiday office
closures, a prev iously scheduled hearing , and a briefing deadline . The u ndersigned

counsel’s office is closed or operating with a “skeleton crew” on December 23

- 25th, December 31st, and January 1st. Additionally, the undersigned counsel has a hearing set for Thursday, January 7th in the Travis County District Court in James

Parker v. Texas Health and Human Services Commission , Cause No. D

- 1

- GN

- 15

-
001923 . The undersigned also has a district court brief due on January 15, 2015 in

Alicia Engelhardt v. Texas Department of Aging and Disability Services, Cause No.

D

- 1

- GN

- 12

- 001193

. Finally, the undersigned must assist a client agency in preparing for board mee tings scheduled for January 28th and 29th

. The Board accordingly seeks an extension of time in which to prepare and file Appellant’s

Brief.
This request is not made for p urposes of delay, but to allow the undersigned

counsel ti me to properly prepare Appell ant’s Brief, and so that justice can be done.

2For the above reasons, the Board respectfully request s that the Court grant this unopposed motion and extend the deadline for filing the Board’s brief up to and including January 29, 2016. 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. Chief, Administrative Law Division /s/ Kara Holsinger KARA HOLSINGER Assistant Attorney General State Bar No. 24065444 Office of the Attorney General of Texas Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711

- 2548 Telephone: (512) 475

- 4203 Facsimile: (512) 320

- 0167 kara.holsinger@texa sattorneygeneral.gov

COUNSEL FOR AP PELLANT

3CERTIFICATE OF CONFERENCE

The u ndersigned counsel for Appellant certifies that s he has conferred with counsel for Appellee regarding the foregoing request for an extension of time, and

has been advised that Appellee opposes this request. /s/ Kara Holsinger KARA HOLSINGER

CERTIFICATE OF SERVICE A true and correct copy of the foregoing was served via e

- serve and e

- mail on

this the 28th day of December , 2015 to the following: Elizabeth L. Higginbotham, RN, JD State Bar No. 00787694 1100 NW Loop 410, Suite 700 San Antonio, Texas 78213 Telephone: (2 10) 366

- 8871 Facsimile: (866) 250

- 4443 lizh@texasnurse

- law.com Attorney for Appellee /s/ Kara Holsinger KARA HOLSINGER Assistant Attorney General

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