Atlas Dental, LP Irma Cantu-Thompson, DDS, PC and Irma Cantu-Thompson Dr. Richard F. Herrscher Victor M. Zurita, DDS MAN & CFN Ortho, PLLC Navarro Orthodontix of Irving, PC Navarro Orthodontix of Ft. Worth, PLLC Navarro Orthodontix of McAllen, PLLC v. State

• Court: Court of Appeals of Texas
• Decided: January 13, 2015
• Docket: 03-14-00614-CV
• Status: Published

Opinion

ACCEPTED 03-14-00614-CV 3754801 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/13/2015 4:04:45 PM JEFFREY D. KYLE CLERK NO. 03-14-00614-CV

IN THE FILED IN 3rd COURT OF APPEALS THIRD COURT OF APPEALS AUSTIN, TEXAS OF TEXAS 1/13/2015 4:04:45 PM JEFFREY D. KYLE Clerk

ATLAS DENTAL, LP, ET AL Appellant,

v.

ACS STATE HEALTHCARE, LLC AND THE STATE OF TEXAS Appellees.

On appeal from the 53rd District Court, Travis County, Texas Cause No. NO. D-1-GV-14-000581

FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF

Appellant asks the Court to extend the time to file Appellant’s Brief.

A. Introduction

1. Appellants are Atlas Dental, LP and Dr. Hieu Huynh; Irma Cantu-

Thompson, DDS, PC and Irma Cantu-Thompson; Dr. Stephen Chu; Dr. Richard

F. Herrscher; MAN & CFN Ortho, PLLC, Navarro Orthodontix of Irving, PC,

Navarro Orthodontix of Ft. Worth, PLLC, Navarro Orthodontix of Mcallen,

PLLC, Navarro Orthodontix of Edinburg, PLLC, Navarro Orthodontix, PC, and

Dr. Carlos F. Navarro; RGV Smiles by Rocky L. Salinas, DDS, PA and Dr.

Rocky Salinas; Victor M. Zurita, DDS.

Appellants Motion to Extend Time to File Brief Page 1 of 4 2. This motion is filed within the period to file a motion to extend the time to

file briefs, as required by Rules 10.5 and 38.6.

3. The appellees are not opposed to this motion.

B. Argument & Authorities

4. The Court may grant an extension of time to file briefs under Texas Rule

of Appellate Procedure 38.6.

5. The deadline to file the Brief is January 14, 2015.

6. Appellants request an additional 30 days to file its Brief, extending the

time until February 13, 2015.

7. This appeal may become moot because the State of Texas recently filed,

against some of the Appellants in this appeal, similar but discrete civil court

claims on related issues. As a result, those new claims may obviate the need for

this appeal. In addition, if the same legal questions ultimately present themselves

in those new civil cases, the issues may be more clear and straightforward to

bring in those cases. Appellants’ counsel needs some additional time to research

the effect of those new, similar claims by the State of Texas to determine whether

this appeal is necessary to preserve appellants’ legal complaints.

8. No previous extension has been requested or granted to extend the time to

file Appellant’s Brief.

Appellants Motion to Extend Time to File Brief Page 2 of 4 C. Prayer

9. For these reasons, Appellants asks the Court to grant an extension of time

to file their brief until February 13, 2015.

Respectfully Submitted,

___________________________ Jason Ray State Bar No. 24000511 RIGGS ALESHIRE & RAY, P.C. 700 Lavaca, Suite 920 Austin, Texas 78701 (512) 457-9806 Telephone (512) 457-9066 Facsimile jray@r-alaw.com

ATTORNEY FOR APPELLANT

CERTIFICATE OF CONFERENCE

I communicated by telephone on January 12, 2015 with opposing counsel,

Raymond Winter (for the State of Texas) and Eric J.R. Nichols (for ACS State

Healthcare) and they advised that they do not oppose this motion.

___________________________ Jason Ray

Appellants Motion to Extend Time to File Brief Page 3 of 4 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was

served by eservice on January 13, 2015 to the following:

Counsel for State of Texas: Raymond Winter Office of the Attorney General P.O. Box 12458 Austin, TX 78711-2548 raymond.winter@texasattorneygeneral.gov

Counsel for ACS State Healthcare,LLC: Eric J.R. Nichols Christopher R. Cowan Beck Redden, LLP 515 Congress Avenue, Suite 1750 Austin, Texas, 78701 enichols@beckredden.com ccowan@beckredden.com

Appellants Motion to Extend Time to File Brief Page 4 of 4