Linda D. Tanner v. Texas Health and Human Services Commission, Julia Murray, Wendy Proctor, and Juan Rodriguez

Court of Appeals of Texas·Decided May 7, 2025·No. 15-25-00008-CV·Published

Opinion

ACCEPTED 15-25-00008-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/7/2025 11:43 AM CASE NO. 15-25-00008-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN 5/7/2025 11:43:01 AM CHRISTOPHER A. PRINE Clerk LINDA D. TANNER, Appellant, v. TEXAS HEALTH AND HUMAN SERVICES COMMISSION Appellee.

APPELLEE’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME

Appellee Texas Health and Human Services Commission, files this

unopposed motion requesting an extension of its deadline to file its appellee

brief.

This appellate matter concerns an appeal from a final order granting a plea

to the jurisdiction. Appellee’s current deadline for filing its brief is May 15,

2025. Appellee requests a 14-day extension to file its brief, thus moving the

deadline to May 29, 2025. The undersigned counsel, who is charged with drafting

Appellee’s brief needs additional time to prepare it because, since returning from

medical absence, she has several high-profile cases with demanding deadlines.

This is Appellee’s first request for an extension of time, and it is not sought for

the purpose of delay.

Appellant is unopposed to the requested extension.

1 Prayer

For the above reasons, Appellee prays that the Court afford it until

May 29, 2025 to file its brief.

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/ Griselle Ortiz Astacio GRISELLE ORTIZ ASTACIO State Bar No. 2410322 LAUREN MCGEE State Bar No. 24132648 Assistant Attorneys General Administrative Law Division Office of the Attorney General of Texas P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Tel.: (512) 475-4200 (Ortiz Astacio) Griselle.OrtizAstacio@oag.texas.gov Lauren.McGhee@oag.texas.gov

Counsel for Appellee, Texas Health and Human Services Commission

2 CERTIFICATE OF CONFERENCE The undersigned counsel conferred with Appellant, Linda D. Tanner regarding the relief sought in this motion. Ms. Tanner stated that she was unopposed.

/ s/ Griselle Ortiz Astacio Griselle Ortiz Astacio

CERTIFICATE OF SERVICE I hereby certify that on May 7, 2025, a true and correct copy of this document was served upon the following persons via electronic filing service.

Linda D. Tanner 2121 Handley Dr., Apt. 51 Fort Worth, TX 76112 lulu143134143@gmail.com Appellant Pro Se

/ s/ Griselle Ortiz Astacio Griselle Ortiz Astacio

3 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 Griselle Ortiz Astacio Bar No. 24103222 christian.young@oag.texas.gov Envelope ID: 100543020 Filing Code Description: Motion Filing Description: HHSC's Motion for Extension Status as of 5/7/2025 12:05 PM CST

Associated Case Party: LindaDTanner

Name BarNumber Email TimestampSubmitted Status

LINDA DTANNER lulu143134143@gmail.com 5/7/2025 11:43:01 AM SENT

Associated Case Party: TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Name BarNumber Email TimestampSubmitted Status

GRISELLE ORTIZASTACIO Griselle.OrtizAstacio@oag.texas.gov 5/7/2025 11:43:01 AM SENT

ATTN: LEGAL DEPARTMENT legaldepartment@hhsc.gov 5/7/2025 11:43:01 AM SENT

Associated Case Party: JUAN RODRIGUEZ

Name BarNumber Email TimestampSubmitted Status

GRISELLE ORTIZASTACIO Griselle.OrtizAstacio@oag.texas.gov 5/7/2025 11:43:01 AM SENT

LAUREN MCGEE Lauren.Mcgee@oag.texas.gov 5/7/2025 11:43:01 AM SENT

Associated Case Party: WENDY PROCTOR

Name BarNumber Email TimestampSubmitted Status

GRISELLE ORTIZASTACIO Griselle.OrtizAstacio@oag.texas.gov 5/7/2025 11:43:01 AM SENT

LAUREN MCGEE Lauren.Mcgee@oag.texas.gov 5/7/2025 11:43:01 AM SENT

Associated Case Party: JULIA MURRAY

Name BarNumber Email TimestampSubmitted Status

GRISELLE ORTIZASTACIO Griselle.OrtizAstacio@oag.texas.gov 5/7/2025 11:43:01 AM 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.

Christian Young on behalf of Griselle Ortiz Astacio Bar No. 24103222 christian.young@oag.texas.gov Envelope ID: 100543020 Filing Code Description: Motion Filing Description: HHSC's Motion for Extension Status as of 5/7/2025 12:05 PM CST

Associated Case Party: JULIA MURRAY

GRISELLE ORTIZASTACIO Griselle.OrtizAstacio@oag.texas.gov 5/7/2025 11:43:01 AM SENT

LAUREN MCGEE Lauren.Mcgee@oag.texas.gov 5/7/2025 11:43:01 AM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

SUSAN MILSAPPS susan.millsapps@oag.texas.gov 5/7/2025 11:43:01 AM SENT

Christian Young christian.young@oag.texas.gov 5/7/2025 11:43:01 AM SENT

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Linda D. Tanner v. Texas Health and Human Services Commission, Julia Murray, Wendy Proctor, and Juan Rodriguez, (Tex. Ct. App. 2025).

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