ACCEPTED 15-24-00096-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/12/2025 4:17 PM No. 15-24-00096-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth District Court of Appeals, Austin, 15th TexasCOURT OF APPEALS AUSTIN, TEXAS 3/12/2025 4:17:15 PM ANTHONY NGUYEN O.D, CHRISTOPHER A. PRINE Clerk Appellant,
v.
TEXAS OPTOMETRY BOARD, Appellee.
On Appeal from the 459th District Court of Travis County, Texas The Honorable Maya Guerra Gamble, Presiding
APPELLEE’S NOTICE OF REQUEST TO THE DISTRICT COURT TO ISSUE AN ORDER REQUIRING SUBMISSION OF THE ADMINISTRATIVE RECORD
TO THE CLERK OF SAID COURT:
On February 21, 2025, Appellee’s undersigned counsel was informed by the
Clerk of the District Court of Travis County, Texas, that parts of the court reporter’s
record cannot be submitted to the Clerk of this Court without a written “request” for
an order from the District Court of Travis County, Texas.
THEREFORE, Appellant Texas Optometry Board files this Notice to inform
the Clerk of this Court that Appellant’s written request for the above-referenced
order has been submitted to the District Court of Travis County, Texas, a copy of
which is attached hereto. Respectfully submitted, KEN PAXTON Attorney General of Texas
BRENT WEBSTER First Assistant Attorney General
RALPH MOLINA Deputy First Assistant Attorney General
AUSTIN KINGHORN Deputy Attorney General for Civil Litigation
ERNEST C. GARCIA Chief, Administrative Law Division
/s/Helen Kelley HELEN KELLEY Texas State Bar No. 24086520 Assistant Attorney General Office of the Attorney General of Texas Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4136 Facsimile: (512) 320-0167 helen.kelley@oag.texas.gov
ATTORNEYS FOR DEFENDANT/APPELLEE TEXAS OPTOMETRY BOARD
Page 2 of 3 CERTIFICATE OF SERVICE
I hereby certify that on March 12, 2025, a true and correct copy of the above and forgoing document has been served to the following party of record via electronic service and/or electronic mail:
Roger B. Borgelt State Bar No. 02667960 BORGELT LAW 614 South Capital of Texas Highway Austin, Texas 78746 Telephone: (512) 600-3467 Mobile: (512) 870-7533 roger@borgeltlaw.com
ATTORNEY FOR APPELLANT ANTHONY NGUYEN, O.D.
/s/ Helen Kelley HELEN KELLEY Assistant Attorney General
Page 3 of 3 ATTACHMENT 3/11/2025 4:28 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-23-007449 D-1-GN-23-007449 Selina Hamilton ANTHONY NGUYEN, O.D., § IN THE DISTRICT COURT OF Plaintiff § § v. § TRAVIS COUNTY § TEXAS OPTOMETRY BOARD, § Defendant. § 455th JUDICIAL DISTRICT
PARTIES’ AGREED REQUEST FOR A COURT ORDER REQUIRING THE CLERK TO SUBMIT THE ADMINISTRATIVE RECORD TO THE 15TH COURT OF APPEALS
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff Anthony Nguyen, O.D. (Nguyen) and Defendant Texas Optometry Board (TOB)
(together, the Parties) respectfully request that this Court issue an order requiring the Clerk of this
Court to submit to the 15th Court of Appeals the Administrative Record previously filed by TOB
with the Clerk of this Court in the above-referenced cause. In support of this request, the Parties
state the following:
On May 22, 2024, TOB filed the Administrative Record as further described in Defendant’s
Notice of Filing of Administrative Record, attached hereto as Exhibit A.
On July 31, 2025, this Court issued its Final Judgment in the above-referenced cause.
On August 30, 2024, Nguyen filed Plaintiff’s Notice of Appeal informing the Clerk of this
Court of his desire to appeal the Final Judgment to the 3rd Court of Appeals.
On September 4, 2024, the Clerk of the 15th Court of Appeals notified the parties of its
jurisdiction in this appeal and assigned Nguyen’s appeal case number 15-24-00096-CV.
On September 5, 2024, Nguyen filed a Request for Preparation of Clerk’s Record,
requesting the Clerk’s Record be prepared and include the official Administrative Record.
On February 21, 2025 the Clerk of this Court notified TOB that she cannot not submit the
Administrative Record to the 15th Court of Appeals without an Order from this Court.
REQUEST FOR ORDER REQUIRING CLERK SUBMIT ADMINISTRATIVE RECORD TO 15TH COURT OF APPEALS Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board Page 1 of 3 THEREFORE, the Parties respectfully request that this Court issue an order requiring the
Clerk to submit the Administrative Record to the 15th Court of Appeals.
Respectfully submitted,
KEN PAXTON Attorney General of Texas
/s/Helen Kelley HELEN KELLEY Texas State Bar No. 24086520 Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL OF TEXAS ADMINISTRATIVE LAW DIVISION P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4136 Facsimile: (512) 320-0167 helen.kelley@oag.texas.gov
ATTORNEYS FOR THE TEXAS OPTOMETRY BOARD
REQUEST FOR ORDER REQUIRING CLERK SUBMIT ADMINISTRATIVE RECORD TO 15TH COURT OF APPEALS Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board Page 2 of 3 CERTIFICATE OF CONFERENCE
I hereby certify that on March 10, 2025, I conferred with Plaintiff’s counsel via email and counsel indicated he was in agreement to this request.
/s/ Helen Kelley Helen Kelley
CERTIFICATE OF SERVICE
I hereby certify that on March 11, 2025, a true and correct copy of the above and foregoing has been served, via e-service, to the following:
Roger B. Borgelt State Bar No. 02667960 BORGELT LAW 614 South Capital of Texas Highway Austin, Texas 78746 Telephone: (512) 600-3467 Mobile: (512) 870-7533 roger@borgeltlaw.com
ATTORNEY FOR ANTHONY NGUYEN, O.D.
REQUEST FOR ORDER REQUIRING CLERK SUBMIT ADMINISTRATIVE RECORD TO 15TH COURT OF APPEALS Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board Page 3 of 3 EXHIBIT A
Defendant's Notice of Filing of the Administrative Record 5/22/2024 2:39 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-23-007449 D-1-GN-23-007449 Eva Fairchild ANTHONY NGUYEN, O.D., § IN THE DISTRICT COURT OF Petitioner, § § v. § TRAVIS COUNTY § TEXAS OPTOMETRY BOARD, § Respondent. § 455th JUDICIAL DISTRICT
NOTICE OF FILING OF ADMINISTRATIVE RECORD
COMES NOW Defendant Texas Optometry Board (TOB) by and through its
attorney, Kex Paxton, Attorney General of Texas, and the undersigned Assistant
Attorney General, and files a certified copy of the record of the proceedings before the
TOB, and states as follows:
A. Pursuant to the Administrative Procedure Act and Texas Rules of Civil
Procedure, the Commission now files a redacted copy of the administrative record.
See Tex. Gov’t Code § 2001.175(b) (providing that the administrative record shall be
filed with the clerk of the court); Tex. R. Civ. P. 21c (defining sensitive data and
providing that sensitive data be redacted).
B. A copy of the administrative record was provided to all parties for review
and use in briefing this case.
C. The administrative record in this case is contained on one (1) USB drive
including the following files:
1. Certification of the Administrative Record, portable document format
(pdf), totaling four (4) pages;
NOTICE OF FILING OF ADMINISTRATIVE RECORD Page 1 of 3 Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board 2. A.R. (TOB 000001- TOB000315), Certified Administrative Record, pdf,
including a complete, redacted copy of the administrative proceedings
Free access — add to your briefcase to read the full text and ask questions with AI
ACCEPTED 15-24-00096-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 3/12/2025 4:17 PM No. 15-24-00096-CV CHRISTOPHER A. PRINE CLERK FILED IN In the Fifteenth District Court of Appeals, Austin, 15th TexasCOURT OF APPEALS AUSTIN, TEXAS 3/12/2025 4:17:15 PM ANTHONY NGUYEN O.D, CHRISTOPHER A. PRINE Clerk Appellant,
v.
TEXAS OPTOMETRY BOARD, Appellee.
On Appeal from the 459th District Court of Travis County, Texas The Honorable Maya Guerra Gamble, Presiding
APPELLEE’S NOTICE OF REQUEST TO THE DISTRICT COURT TO ISSUE AN ORDER REQUIRING SUBMISSION OF THE ADMINISTRATIVE RECORD
TO THE CLERK OF SAID COURT:
On February 21, 2025, Appellee’s undersigned counsel was informed by the
Clerk of the District Court of Travis County, Texas, that parts of the court reporter’s
record cannot be submitted to the Clerk of this Court without a written “request” for
an order from the District Court of Travis County, Texas.
THEREFORE, Appellant Texas Optometry Board files this Notice to inform
the Clerk of this Court that Appellant’s written request for the above-referenced
order has been submitted to the District Court of Travis County, Texas, a copy of
which is attached hereto. Respectfully submitted, KEN PAXTON Attorney General of Texas
BRENT WEBSTER First Assistant Attorney General
RALPH MOLINA Deputy First Assistant Attorney General
AUSTIN KINGHORN Deputy Attorney General for Civil Litigation
ERNEST C. GARCIA Chief, Administrative Law Division
/s/Helen Kelley HELEN KELLEY Texas State Bar No. 24086520 Assistant Attorney General Office of the Attorney General of Texas Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4136 Facsimile: (512) 320-0167 helen.kelley@oag.texas.gov
ATTORNEYS FOR DEFENDANT/APPELLEE TEXAS OPTOMETRY BOARD
Page 2 of 3 CERTIFICATE OF SERVICE
I hereby certify that on March 12, 2025, a true and correct copy of the above and forgoing document has been served to the following party of record via electronic service and/or electronic mail:
Roger B. Borgelt State Bar No. 02667960 BORGELT LAW 614 South Capital of Texas Highway Austin, Texas 78746 Telephone: (512) 600-3467 Mobile: (512) 870-7533 roger@borgeltlaw.com
ATTORNEY FOR APPELLANT ANTHONY NGUYEN, O.D.
/s/ Helen Kelley HELEN KELLEY Assistant Attorney General
Page 3 of 3 ATTACHMENT 3/11/2025 4:28 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-23-007449 D-1-GN-23-007449 Selina Hamilton ANTHONY NGUYEN, O.D., § IN THE DISTRICT COURT OF Plaintiff § § v. § TRAVIS COUNTY § TEXAS OPTOMETRY BOARD, § Defendant. § 455th JUDICIAL DISTRICT
PARTIES’ AGREED REQUEST FOR A COURT ORDER REQUIRING THE CLERK TO SUBMIT THE ADMINISTRATIVE RECORD TO THE 15TH COURT OF APPEALS
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff Anthony Nguyen, O.D. (Nguyen) and Defendant Texas Optometry Board (TOB)
(together, the Parties) respectfully request that this Court issue an order requiring the Clerk of this
Court to submit to the 15th Court of Appeals the Administrative Record previously filed by TOB
with the Clerk of this Court in the above-referenced cause. In support of this request, the Parties
state the following:
On May 22, 2024, TOB filed the Administrative Record as further described in Defendant’s
Notice of Filing of Administrative Record, attached hereto as Exhibit A.
On July 31, 2025, this Court issued its Final Judgment in the above-referenced cause.
On August 30, 2024, Nguyen filed Plaintiff’s Notice of Appeal informing the Clerk of this
Court of his desire to appeal the Final Judgment to the 3rd Court of Appeals.
On September 4, 2024, the Clerk of the 15th Court of Appeals notified the parties of its
jurisdiction in this appeal and assigned Nguyen’s appeal case number 15-24-00096-CV.
On September 5, 2024, Nguyen filed a Request for Preparation of Clerk’s Record,
requesting the Clerk’s Record be prepared and include the official Administrative Record.
On February 21, 2025 the Clerk of this Court notified TOB that she cannot not submit the
Administrative Record to the 15th Court of Appeals without an Order from this Court.
REQUEST FOR ORDER REQUIRING CLERK SUBMIT ADMINISTRATIVE RECORD TO 15TH COURT OF APPEALS Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board Page 1 of 3 THEREFORE, the Parties respectfully request that this Court issue an order requiring the
Clerk to submit the Administrative Record to the 15th Court of Appeals.
Respectfully submitted,
KEN PAXTON Attorney General of Texas
/s/Helen Kelley HELEN KELLEY Texas State Bar No. 24086520 Assistant Attorney General OFFICE OF THE ATTORNEY GENERAL OF TEXAS ADMINISTRATIVE LAW DIVISION P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4136 Facsimile: (512) 320-0167 helen.kelley@oag.texas.gov
ATTORNEYS FOR THE TEXAS OPTOMETRY BOARD
REQUEST FOR ORDER REQUIRING CLERK SUBMIT ADMINISTRATIVE RECORD TO 15TH COURT OF APPEALS Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board Page 2 of 3 CERTIFICATE OF CONFERENCE
I hereby certify that on March 10, 2025, I conferred with Plaintiff’s counsel via email and counsel indicated he was in agreement to this request.
/s/ Helen Kelley Helen Kelley
CERTIFICATE OF SERVICE
I hereby certify that on March 11, 2025, a true and correct copy of the above and foregoing has been served, via e-service, to the following:
Roger B. Borgelt State Bar No. 02667960 BORGELT LAW 614 South Capital of Texas Highway Austin, Texas 78746 Telephone: (512) 600-3467 Mobile: (512) 870-7533 roger@borgeltlaw.com
ATTORNEY FOR ANTHONY NGUYEN, O.D.
REQUEST FOR ORDER REQUIRING CLERK SUBMIT ADMINISTRATIVE RECORD TO 15TH COURT OF APPEALS Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board Page 3 of 3 EXHIBIT A
Defendant's Notice of Filing of the Administrative Record 5/22/2024 2:39 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-23-007449 D-1-GN-23-007449 Eva Fairchild ANTHONY NGUYEN, O.D., § IN THE DISTRICT COURT OF Petitioner, § § v. § TRAVIS COUNTY § TEXAS OPTOMETRY BOARD, § Respondent. § 455th JUDICIAL DISTRICT
NOTICE OF FILING OF ADMINISTRATIVE RECORD
COMES NOW Defendant Texas Optometry Board (TOB) by and through its
attorney, Kex Paxton, Attorney General of Texas, and the undersigned Assistant
Attorney General, and files a certified copy of the record of the proceedings before the
TOB, and states as follows:
A. Pursuant to the Administrative Procedure Act and Texas Rules of Civil
Procedure, the Commission now files a redacted copy of the administrative record.
See Tex. Gov’t Code § 2001.175(b) (providing that the administrative record shall be
filed with the clerk of the court); Tex. R. Civ. P. 21c (defining sensitive data and
providing that sensitive data be redacted).
B. A copy of the administrative record was provided to all parties for review
and use in briefing this case.
C. The administrative record in this case is contained on one (1) USB drive
including the following files:
1. Certification of the Administrative Record, portable document format
(pdf), totaling four (4) pages;
NOTICE OF FILING OF ADMINISTRATIVE RECORD Page 1 of 3 Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board 2. A.R. (TOB 000001- TOB000315), Certified Administrative Record, pdf,
including a complete, redacted copy of the administrative proceedings
and a Record Index; Bates-numbered TOB 000001-TOB 000315;
3. Audio Recordings – four (4) complete audio recordings.
GRANT DORFMAN Deputy First Assistant Attorney General
JAMES LLOYD Deputy Attorney General for Civil Litigation
/s/ Helen Kelley HELEN KELLEY Assistant Attorney General State Bar No. 24086520 Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4136 Facsimile: (512) 320-0167 helen.kelley@oag.texas.gov
NOTICE OF FILING OF ADMINISTRATIVE RECORD Page 2 of 3 Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board CERTIFICATE OF SERVICE
I hereby certify that on May 22, 2024, a true and correct copy of the above and foregoing has been served, via e-service, to the following:
Roger B. Borgelt State Bar No. 02667960 BORGELT LAW 614 South Capital of Texas Highway Austin, Texas 78746 Telephone: (512) 600-3467 Mobile: (512) 870-7533 roger@borgeltlaw.com
NOTICE OF FILING OF ADMINISTRATIVE RECORD Page 3 of 3 Cause No. D-1-GN-23-007449; Anthony Nguyen, O.D. v. Texas Optometry Board Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Jennifer Foster on behalf of Helen Kelley Bar No. 24086520 jennifer.foster@oag.texas.gov Envelope ID: 88027280 Filing Code Description: Notice Filing Description: NOTICE OF FILING OF ADMINISTRATIVE RECORD Status as of 5/24/2024 10:25 AM CST
Associated Case Party: ANTHONY NGUYEN, O.D.
Name BarNumber Email TimestampSubmitted Status
Roger Borgelt roger@borgeltlaw.com 5/22/2024 2:39:23 PM SENT
Associated Case Party: TEXAS OPTOMETRY BOARD
Helen Kelley 24086520 helen.kelley@oag.texas.gov 5/22/2024 2:39:23 PM SENT
Glen Imes 24084316 glen.imes@oag.texas.gov 5/22/2024 2:39:23 PM ERROR
Case Contacts
Jennifer Foster Jennifer.Foster@oag.texas.gov 5/22/2024 2:39:23 PM SENT CAUSE NO. D-1-GN-23-007449
ANTHONY NGUYEN, O.D., § IN THE DISTRICT COURT OF Petitioner, § § v. § TRAVIS COUNTY § TEXAS OPTOMETRY BOARD, § Respondent. § 455th JUDICIAL DISTRICT
ORDER REQUIRING THE CLERK TO SUBMIT THE ADMINISTRATIVE RECORD TO THE 15TH COURT OF APPEALS
Having considered the Parties’ Request for a Court Order Requiring the Clerk to Submit
the Administrative Record to the 15th Court of Appeals, this Court hereby GRANTS the same.
IT IS THEREFORE ORDERED that no later than March __, 2025, the Clerk shall submit
the Administrative Record as further described in Defendant’s Notice of Filing of Administrative
Record, filed with this Court on May 22, 2024, to the 15th Court of Appeals.
IT IS SO ORDERED.
Signed this the _____________________, 2025.
________________________________ THE HONORABLE MAYA GUERRA GAMBLE Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Susan Millsapps on behalf of Helen Kelley Bar No. 24086520 susan.millsapps@oag.texas.gov Envelope ID: 98337389 Filing Code Description: Request Filing Description: PARTIES’ AGREED REQUEST FOR A COURT ORDER REQUIRING THE CLERK TO SUBMIT THE ADMINISTRATIVE RECORD TO THE 15TH COURT OF APPEALS Status as of 3/12/2025 2:12 PM CST
Roger Borgelt roger@borgeltlaw.com 3/11/2025 4:28:44 PM SENT
Helen Kelley 24086520 helen.kelley@oag.texas.gov 3/11/2025 4:28:44 PM SENT
Susan Millsapps susan.millsapps@oag.texas.gov 3/11/2025 4:28:44 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.
Susan Millsapps on behalf of Helen Kelley Bar No. 24086520 susan.millsapps@oag.texas.gov Envelope ID: 98390393 Filing Code Description: Other Document Filing Description: Notice of Request to Issue Order on Submission of AR Status as of 3/12/2025 4:21 PM CST
Associated Case Party: Anthony Nguyen
Roger Borgelt roger@borgeltlaw.com 3/12/2025 4:17:15 PM SENT
Helen Kelley Helen.Kelley@oag.texas.gov 3/12/2025 4:17:15 PM SENT
Helen Kelley Helen.Kelley@oag.texas.gov 3/12/2025 4:17:15 PM SENT
Susan Millsapps susan.millsapps@oag.texas.gov 3/12/2025 4:17:15 PM SENT