in Re Teladoc, Inc.

Opinion

ACCEPTED 03-15-00061-CV 3913305 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/27/2015 12:13:29 PM 03-15-00061-CV JEFFREY D. KYLE CLERK NO.

FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/27/2015 12:13:29 PM JEFFREY D. KYLE Clerk IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS

IN RE TELADOC, INC.

Relator.

MOTION TO EXPEDITE

JACKSON WALKER L.L.P. Matt Dow State Bar No. 06066500 Dudley D. McCalla State Bar No. 13354000 100 Congress Avenue, Suite 1100 Austin, Texas 78701 (512) 236-2000 (512) 236-2002 – Fax

2

TO THE HONORABLE COURT OF APPEALS:

COMES NOW Teladoc, Inc. (“Teladoc”) and moves the Court to expedite

granting of the Motion to Transfer filed this date and as grounds herefore would

show:

I.

On January 16, 2015 the Texas Medical Board (“TMB”) issued an order

adopting on an emergency basis an amendment to Rule 90.8(1)(L) (attached as

Exhibit 1). On January 20, 2015 Teladoc field its Original Verified Petition for

Declaratory Judgment and Application for Injunctive Relief and on that date the

Honorable Gisela Triana granted a Temporary Restraining Order ordering the

TMB and its agents, servants, employees and attorneys to desist and refrain from

implementing, communicating and enforcing the amendment to Rule 190.8(1)(L)

(Exhibit 2). Thereafter, the Honorable Gisela Triana (joined by Teladoc) executed

the Motion to Transfer filed with this Court this date.

II.

Hearing on Temporary Injunction in Cause No. D-1-GN-15-000238 is set

for February 2, 2015 at 9:00 a.m. Teladoc today is submitting its Petition for

Temporary Injunctive Relief to protect the jurisdiction of this Honorable Court

following granting of the Motion to Transfer.

3

PREMISES CONSIDERED, Teladoc prays that the Motion to Transfer and

appropriate injunctive relief be granted prior to February 2, 2015, to protect the

jurisdiction of this Honorable Court.

Respectfully submitted,

JACKSON WALKER L.L.P.

By: /s/ Dudley D. McCalla Dudley D. McCalla State Bar No. 13354000 Matt Dow State Bar No. 06066500 100 Congress, Suite 1100 Austin, TX 78701 (512) 236-2000 (512) 236-2002 - Fax

ATTORNEYS FOR TELADOC, INC.

4

CERTIFICATE OF SERVICE This is to certify that on this 27th day of January, 2015, a true and correct copy of the foregoing document was served by fax and email on the parties listed below:

Ted Ross Office of the Attorney General of Texas P.O. Box 12548 Austin, Texas 78711-2548 Fax: 512-474-1062

Attorney for TMB _/s/ Dudley D. McCalla______ Dudley D. McCalla 12056563v.1 124965/00019