Home/Court of Appeals of Texas/Pharmserv, Inc. v. Texas Health and Human Services Commission Office of the Inspector General of the Texas Health and Human Services Commission Kyle Janek, in His Official Capacity as Commissioner of Texas Health and Human Services Commission

Pharmserv, Inc. v. Texas Health and Human Services Commission Office of the Inspector General of the Texas Health and Human Services Commission Kyle Janek, in His Official Capacity as Commissioner of Texas Health and Human Services Commission

Court of Appeals of Texas·Decided April 24, 2015·No. 03-13-00526-CV·Published

Opinion

ACCEPTED

03-13-00526-CV

5030936

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/24/2015 4:55:22 PM

JEFFREY D. KYLE

CLERK

NO. 03-13-00526-CV

FILED IN

IN THE COURT OF APPEALS3rd AUSTIN, COURT OF APPEALS

TEXAS

THIRD COURT OF APPEALS DISTRICT 4/24/2015 4:55:22 PM

JEFFREY D. KYLE

Clerk

PHARMSERV, INC. , Appellant

V.

THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION and OFFICE OF INSPECTOR GENERAL OF THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION, ET AL, Appellees

On Appeal from the 261st Judicial District Court of Travis County, Texas

Cause No. D-1-GN 12-001074-CV .

MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING OR, MOTION FOR EN BANC RECONSIDERATION

Respectfully Submitted: Jeff Avant AVANT & MITCHELL, L. P. 700 Lavaca, Suite 1400 Austin, Texas 78701 Phone: (512) 478-5757 Facsimile: (512) 478-5404 E-mail: avantlaw@swbell.net

Hugh M. Barton Hugh M. Barton, P.C. 603 West 13th St, Ste 1B Austin, TX 78701 Telephone (512) 499-0793 Facsimile (512) 727-6717 E-mail: bartonlaw@yahoo.com

TO THE HONORABLE COURT OF APPEALS:

Appellant, Pharmserv, Inc. presents this Motion for an Extension of Time to

File Appellant's Motion for Rehearing or En Banc Reconsideration as permitted by

Texas Rules of Appellate Procedure (TRAP) 49.8 and 10.5(b). As grounds for this

motion, Appellant/Movant would respectfully show the Court the following:

A. Appellant's Motion for Rehearing or Motion for En Banc

Reconsideration is due to be filed by today, April 24, 2015. The deadline for a

request for this extension of time per TRAP 49.8 is within 15 days thereafter or

May 9, 2015.

B. Appellant requests an extension of time to file its reply brief until

Friday, May 8, 2015, which is 14 days after the current due date of April 24, 2015 .

C. Appellant needs an extension of time to file its reply brief because

previously scheduled travel, compounded with the need to evaluate significant

developments on related law, has resulted in an unanticipated time crunch and need

for Appellant’s Counsel to re-evaluate necessity for and content of any motion for

rehearing or motion for en banc consideration. More specifically:

(1) Counsel for Appellant, in addition to routine duties, was scheduled

for business related travel on April 15, 2015 through April 21, 2015.

(2) Counsel for Appellant has noted passage of Senate Bill 207 on

April 22, 2015. Section 9 and Section 16 of that legislation appear to

be directly related to issues which would form the basis of any further

appeal of this matter. Passage of SB 207 Sections 9 and 16 may also

affect the possibility of amicable resolution and voluntary dismissal.

D. This is Appellant's first request for extension of time to file a motion

for rehearing or motion for en banc consideration.

E. Movant attempted to reach counsel for Appellee by telephone and

email to determine whether there would be agreement or opposition to this motion,

but learned that Appellees’ counsel is out of the office until April 27, 2015.

THEREFORE, Appellant respectfully requests that the Court grant an

extension until Friday, May 8, 2015.

Respectfully Submitted

Jeff Avant Jeff Avant (signed digitally)

AVANT & MITCHELL, L. P. 700 Lavaca, Suite 1400 Austin, Texas 78701 Phone: (512) 478-5757 Facsimile: (512) 478-5404 E-mail: avantlaw@swbell.net

Hugh M. Barton Hugh M. Barton, P.C. 603 West 13th St, Ste 1B Austin, TX 78701 Telephone (512) 499-0793 Facsimile (512) 727-6717 E-mail: bartonlaw@yahoo.com

Certificate Of Attempted Conference And Certificate Of Service

By my signature below I certify that on this 24th day of April, 2015, two telephone calls were made and an email was sent and response received indicating that opposing counsel was not available for conference. I further certify that a true and correct copy of the above and foregoing document was served on opposing counsel today by email and/or electronic filing:

Jeff Avant Jeff Avant (signed digitally)

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Pharmserv, Inc. v. Texas Health and Human Services Commission Office of the Inspector General of the Texas Health and Human Services Commission Kyle Janek, in His Official Capacity as Commissioner of Texas Health and Human Services Commission, (Tex. Ct. App. 2015).

Pharmserv, Inc. v. Texas Health and Human Services Commission Office of the Inspector General of the Texas Health and Human Services Commission Kyle Janek, in His Official Capacity as Commissioner of Texas Health and Human Services Commission (Pharmserv, Inc. v. Texas Health and Human Services Commission Office of the Inspector General of the Texas Health and Human Services Commission Kyle Janek, in His Official Capacity as Commissioner of Texas Health and Human Services Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.