Raghunath Dass, P.E. v. Texas Board of Professional Engineers

Opinion

ACCEPTED 03-14-00552-CV 4713476 THIRD COURT OF APPEALS AUSTIN, TEXAS 3/31/2015 2:53:01 PM JEFFREY D. KYLE CLERK NO. 03-14-00552-CV

IN THE COURT OF APPEALS FILED IN FOR THE THIRD JUDICIAL DISTRICT AT AUSTIN, 3rd COURT TEXAS OF APPEALS AUSTIN, TEXAS ___________________________________3/31/2015 2:53:01 PM JEFFREY D. KYLE RAGHUNATH DASS, P.E., Clerk Appellant,

v.

TEXAS BOARD OF PROFESSIONAL ENGINEERS, Appellee. ___________________________________

On Appeal from the 201st Judicial District Court, Travis County, Texas ___________________________________

UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF _____________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Now comes Appellee, Texas Board of Professional Engineers (“Board”), and

files this Unopposed Motion for Extension of Time to File Appellee’s Brief and

would show as follows:

I. INTRODUCTION

There is no specific deadline to file this motion to extend time. See Tex. R.

App. Proc. 38.6(d). The Appellant is unopposed to this Motion. Appellee’s current

deadline to file its brief is April 6, 2015. II. ARGUMENT AND AUTHORITY

The Court may grant an extension of time under the authority of Texas Rule of

Appellate Procedure 38.6(d). Appellee’s Brief is currently due on April 6, 2015.

Appellee requests a thirty (30) day extension of time to May 6, 2015 to file its Brief.

No extension has been requested or granted previously.

The Appellee needs additional time to file its Brief in order to properly and

more completely research the record and law on the issues of this appeal and has been

hampered in this preparation by the undersigned counsel’s current litigation schedule.

At this time, counsel is completing a reply brief and preparing for oral arguments in

the matter Los Fresnos Consolidated Independent School District and Michael L.

Williams, Commissioner of Education v. Jorge Vazquez, Appeal Number 03-14-

00629-CV. Additionally, counsel has also been involved with briefing in the matter

Antoine Dental Center v. Texas Health and Human Services Commission, D-1-GN-

14-2229, in the 200th District Court, Travis County, Texas. Because of these

circumstances, the undersigned counsel respectfully requests the Court grant the

thirty (30) day extension to file the Brief. As stated above, Appellant does not oppose

this Motion.

III. CERTIFICATE OF CONFERENCE

The undersigned counsel hereby certifies, pursuant to Texas Rule of Appellate

Procedure 10.1(a)(5), that on March 26, 2015, on behalf of the Board, Jennifer Page 2 of 4 Hopgood, the undersigned communicated with Mr. Jimmy Allen Hall, counsel for

Appellant, Raghunath Dass. Mr. Hall responded on behalf of Appellant that he does

not oppose Appellee’s request for a thirty (30) day extension of time for filing the

Appellee’s brief.

IV. PRAYER

WHEREFORE, PREMISES CONSIDERED, the Board respectfully requests

that its Unopposed Joint Motion for a thirty (30) day extension of time in which to

file its Brief be granted and be allowed to file its Appellee’s Brief on or before May

6, 2015.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR. Chief, Administrative Law Division

/s/Jennifer L. Hopgood Jennifer L. Hopgood Assistant Attorney General State Bar No. 24073010 OFFICE OF THE ATTORNEY GENERAL OF TEXAS Administrative Law Division Page 3 of 4 P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1660 Facsimile: (512) 320-0167 jennifer.hopgood@texasattorneygeneral.gov ATTORNEY FOR APPELLEE, TEXAS BOARD OF PROFESSIONAL ENGINEERS

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and forgoing document has been served by electronic mail on this date, the 31st day of March 2015, on the following:

Jimmy Alan Hall JIMMY ALAN HALL, P.L.L.C. 4600 Mueller Boulevard, Suite 2121 Austin, TX 78723-3372 Facsimile: (512) 857-9195 jahall@fbjah.com

J. Woodfin Jones ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP 515 Congress Avenue, Suite 2350 Austin, Texas 78701-3562 Facsimile: (512) 482-9303 wjones@adjtlaw.com

Counsel for Appellee

/s/Jennifer L. Hopgood JENNIFER L. HOPGOOD Assistant Attorney General

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