Jorge R. Guevara, M.D. v. Texas Medical Board

Opinion

ACCEPTED 15-25-00036-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/26/2025 7:32 AM CHRISTOPHER A. PRINE CASE NO. 15-25-00036-CV CLERK __________________________________________________________________ FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS IN THE COURT OF APPEALS 8/26/2025 7:32:45 AM FOR THE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN A. PRINE CHRISTOPHER __________________________________________________________________ Clerk

JORGE R. GUEVARA, M.D., Appellant,

v.

TEXAS MEDICAL BOARD Appellee. __________________________________________________________________

APPELLEE TEXAS MEDICAL BOARD’S SECOND UNOPPOSED 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 the Texas Medical Board (TMB) respectfully requests a

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

Appellee TMB would show the following:

1. The deadline for filing Appellee’s brief is August 29, 2025.

2nd Unopposed Motion for Extension of Time Page 1 of 5 2. Appellee TMB requests a 30-day extension from the current

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

brief to be due on September 29, 2025.

3. Counsel for TMB requires an extension due to multiple

competing deadlines. Between counsel’s first and second request for an

extension of time, counsel has been preparing for her first oral argument

before the Texas Supreme Court, submitted a petition for review to the

Texas Supreme Court, provided general counsel services at three board

meetings, drafted an appellate brief in Omietimi v. Texas Board of

Nursing, Case No. 15-25-00033-CV, before the 15th Court of Appeals, and

prepared for a hearing on the merits scheduled for August 27, 2025 before

the 250th Judicial District of Travis County. She will need 30 more days

to finish the brief in the above-captioned case.

4. Counsel for Appellant Dr. Guevara does not oppose the

requested extension.

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

brief has been granted.

2nd Unopposed Motion for Extension of Time Page 2 of 5 WHEREFORE, PREMISES CONSIDERED, Appellee TMB

respectfully requests that this honorable Court grant its motion for

extension of time.

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/Kathy Johnson KATHY JOHNSON Assistant Attorney General Texas State Bar No. 24126964 Ted A. Ross Assistant Attorney General State Bar No. 24008890 Office of the Attorney General Administrative Law Division P.O. Box 12548, Capitol Station

2nd Unopposed Motion for Extension of Time Page 3 of 5 Austin, Texas 78711-2548 Telephone: (512) 475-4164 kathy.johnson@oag.texas.gov

ATTORNEYS FOR APPELLEE TEXAS MEDICAL BOARD

CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with Hayley Ellison, counsel

for Appellant Dr. Guevara, by email on August 25, 2025. Appellant does

not oppose the granting of the relief requested in this motion.

/s/Kathy Johnson KATHY JOHNSON ASSISTANT ATTORNEY GENERAL

2nd Unopposed Motion for Extension of Time Page 4 of 5 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 by electronic

service and/or e-mail on August 26, 2025:

Hayley Ellison Davis & Santos, PLLC 719 S. Flores St. San Antonio, TX 78204 P: 210-853-5882 hellison@dslawpc.com

ATTORNEY FOR APPELLANT

/s/Kathy Johnson KATHY JOHNSON ASSISTANT ATTORNEY GENERAL

2nd Unopposed Motion for Extension of Time Page 5 of 5 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.

Jeff Lutz on behalf of Kathy Johnson Bar No. 24126964 jeff.lutz@oag.texas.gov Envelope ID: 104833744 Filing Code Description: Motion Filing Description: 2025 0826 2nd MET Status as of 8/26/2025 7:41 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jason M.Davis jdavis@dslawpc.com 8/26/2025 7:32:45 AM SENT

Ted Ross 24008890 Ted.Ross@oag.texas.gov 8/26/2025 7:32:45 AM SENT

Jeff Lutz jeff.lutz@oag.texas.gov 8/26/2025 7:32:45 AM SENT

Hayley Ellison Hellison@dslawpc.com 8/26/2025 7:32:45 AM SENT

Katherine Johnson 24126964 kathy.johnson@oag.texas.gov 8/26/2025 7:32:45 AM SENT