Nariocan Enterprises LLC D/B/A Cantu's Pharmacy v. the Texas Health and Human Services Commission

Opinion

ACCEPTED 15-24-00117-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 5/2/2025 12:16 PM CASE NO. 15-24-00117-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 5/2/2025 12:16:20 PM CHRISTOPHER A. PRINE Clerk NARIOCAN ENTERPRISES d/b/a CANTU PHARMACY, Appellant, v. TEXAS HEALTH AND HUMAN SERVICE 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 5,

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

deadline to May 19, 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 second request for an extension of time, each being less than

thirty days and the first being for medical reasons, and it is not sought for the

purpose of delay.

Appellant is unopposed to the requested extension. 1 Prayer

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

May 19, 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/ Sherlyn Harper SHERLYN HARPER State Bar No. 24093176 Assistant Attorney General Administrative Law Division Office of the Attorney General of Texas 808 Travis Street, #1520 Houston, Texas 77002 Telephone: (713) 225-8913 Facsimile: (512) 320-0167 sherlyn.harper@oag.texas.gov

Counsel for Appellee, Texas Health and Human Services Commission

2 CERTIFICATE OF CONFERENCE The undersigned counsel conferred with Appellant’s lead counsel, Ricardo Pumarejo, regarding the relief sought in this motion. Atty. Pumarejo stated that Appellant was unopposed.

/s/Sherlyn Harper Sherlyn Harper

CERTIFICATE OF SERVICE I hereby certify that on May 2, 2025, a true and correct copy of this document was served upon the following persons via electronic filing service.

Ricardo Pumarejo ricardo@pumarejolaw.com Counsel for Appellant

/s/Sherlyn Harper Sherlyn Harper

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.

Catherine Hughes on behalf of Sherlyn Harper Bar No. 24093176 catherine.hughes@oag.texas.gov Envelope ID: 100377460 Filing Code Description: Motion Filing Description: 2025 0502 HHSC mtn to extend brief 003 Status as of 5/2/2025 12:21 PM CST

Associated Case Party: Nariocan Enterprises LLC d/b/a Cantu's Pharmacy

Name BarNumber Email TimestampSubmitted Status

Miguel Pruneda 24025601 michael@michaelpruneda.com 5/2/2025 12:16:20 PM SENT

Ricardo Pumarejo ricardo@pumarejolaw.com 5/2/2025 12:16:20 PM SENT

Associated Case Party: Texas Health and Human Services Commission

Name BarNumber Email TimestampSubmitted Status

Sherlyn Harper 24093176 sherlyn.harper@oag.texas.gov 5/2/2025 12:16:20 PM SENT

Catherine Hughes catherine.hughes@oag.texas.gov 5/2/2025 12:16:20 PM SENT