Edith Okechukwu Omietimi v. Texas Board of Nursing

Opinion

ACCEPTED 15-25-00033-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 7/25/2025 11:34 AM CASE NO. 15-25-00033-CV CHRISTOPHER A. PRINE __________________________________________________________________ CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN 7/25/2025 11:34:54 AM __________________________________________________________________ CHRISTOPHER A. PRINE Clerk

EDITH OKECHUKWU OMIETIMI, Appellant,

v.

TEXAS BOARD OF NURSING, Appellee. __________________________________________________________________

APPELLEE TEXAS BOARD OF NURSING’S SECOND OPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF __________________________________________________________________

TO THE HONORABLE FIFTEENTH COURT OF APPEALS:

In accordance with Texas Rules of Appellate Procedure 10.5(b) and

38.6(d) Appellee Texas Board of Nursing (BON) respectfully requests a

30-day extension of time to file its Appellee brief. In support of the

motion, Appellee BON would show the following:

1. The deadline for filing Appellee’s brief is currently July 28,

2025.

2nd Motion for Extension of Time Page 1 of 4 2. Appellee BON requests a 30-day extension from the current

deadline to file Appellee’s brief. If granted, this extension would cause

Appellee’s brief to be due on August 27, 2025.

3. This extension is not sought for delay. Counsel for Appellee

BON requires an extension due to multiple competing deadlines.

Specifically, counsel has a petition for review deadline on August 6, 2025

before the Texas Supreme Court, and an oral argument before the Texas

Supreme Court on September 9, 2025. Factoring in the multiple levels of

internal review required at the Office of the Attorney General, Counsel

for Appellee will need an extension in order to present an effective brief

to the Court and meet her other deadlines. Counsel for Appellant

Omietimi opposes the requested extension.

4. One previous motion for extension of time to file Appellee’s brief

has been filed and granted.

WHEREFORE, PREMISES CONSIDERED, Appellee BON

respectfully requests that this honorable Court grant its motion for

extension of time.

Respectfully submitted,

2nd Motion for Extension of Time Page 2 of 4 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/Kathy Johnson KATHY JOHNSON Assistant Attorney General Texas State Bar No. 24126964 Office of the Attorney General Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4164 Facsimile: (512) 320-0167 kathy.johnson@oag.texas.gov

ATTORNEY FOR APPELLEE TEXAS BOARD OF NURSING

2nd Motion for Extension of Time Page 3 of 4 CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with Marc Meyer, counsel for

Appellant Edith Okechukwu Omietimi, by email on July 17, 2025.

Appellant opposes the granting of the relief requested in this Motion for

Extension of Time.

/s/Kathy Johnson KATHY JOHNSON ASSISTANT ATTORNEY GENERAL

CERTIFICATE OF SERVICE

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

served on the following counsel of record for Appellant Edith Okechukwu

Omietimi by electronic service and/or e-mail on July 25, 2025:

Marc Meyer SBN 24070266 2300 Woodforest Pkwy N. Suite 600 Montgomery, TX 77316 Phone: (281) 259-7575 marc@marcmeyerlawfirm.com ATTORNEY FOR APPELLANT EDITH OKECHUKWU OMIETIMI

/s/Kathy Johnson KATHY JOHNSON ASSISTANT ATTORNEY GENERAL

2nd Motion for Extension of Time Page 4 of 4 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.

Christian Young on behalf of Kathy Johnson Bar No. 24126964 christian.young@oag.texas.gov Envelope ID: 103591551 Filing Code Description: Motion Filing Description: BON's 2nd Opposed MET re Brief Status as of 7/25/2025 12:12 PM CST

Associated Case Party: EdithOkechukwuOmietimi

Name BarNumber Email TimestampSubmitted Status

Marc Meyer marc@marcmeyerlawfirm.com 7/25/2025 11:34:54 AM SENT

Sandra Thornton sandra@marcmeyerlawfirm.com 7/25/2025 11:34:54 AM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

John Vanderford 24086670 jvanderford@gmail.com 7/25/2025 11:34:54 AM SENT

Katherine Johnson 24126964 kathy.johnson@oag.texas.gov 7/25/2025 11:34:54 AM SENT

Associated Case Party: Texas Board of Nursing

Name BarNumber Email TimestampSubmitted Status

Christian Young christian.young@oag.texas.gov 7/25/2025 11:34:54 AM SENT

Kathy Johnson Kathy.Johnson@oag.texas.gov 7/25/2025 11:34:54 AM SENT