Shamrock Psychiatric Clinic, P.A. v. Texas Health and Human Services Commission Charles Smith, Executive Commissioner of the Texas Health and Human Services Commission And Stuart W. Bowen Jr., Inspector General for the Texas Health and Human Services Commission Office of Inspector General

• Court: Court of Appeals of Texas
• Decided: August 4, 2015
• Docket: 03-15-00349-CV
• Status: Published

Opinion

ACCEPTED 03-15-00349-CV 6340232 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/4/2015 8:52:14 AM JEFFREY D. KYLE CLERK NO. 03-15-00349-CV

In the FILED IN 3rd COURT OF APPEALS Third Court of Appeals AUSTIN, TEXAS Of Texas 8/4/2015 8:52:14 AM JEFFREY D. KYLE Clerk

SHAMROCK PSYCHIATRIC, P.A. Appellants, V.

TEXAS HEALTH AND HUMAN SERVICES COMMISSION, KYLE JANEK, MD, EXECUTIVE COMM’R AND DOUGLAS WILSON, INSPECTOR GENERAL Appellees,

On appeal from the 126th District Court, Travis County, Texas Cause NO. D-1-GV-14-001833

FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF

Appellant asks the Court to extend the time to file Appellant’s Brief.

A. Introduction

1. Appellant is Shamrock Psychiatric, P.A..

2. This motion is filed within the period to file a motion to extend the time to

file briefs, as required by Rules 10.5 and 38.6.

3. The appellees are not opposed to this motion.

B. Argument & Authorities

4. The Court may grant an extension of time to file briefs under Texas Rule of

Appellate Procedure 38.6. Appellant Shamrock Psychiatric, P.A.’s Motion to Extend Time to File Brief Page 1 of 4 5. The deadline to file the Brief is August 5, 2015.

6. Appellant requests an additional 30 days to file its Brief, extending the time

until September 4, 2015.

7. Appellant requests this extension because intervening appellate briefs and

legal matters, including:

a. Briefing and oral argument on the merits in Cause No. D-1-GN-14-2229,

Antoine Dental Center v. Texas Health and Human Services Commission and

Office of Inspector General, in the 200th District Court of Travis County, Texas;

b. Merits hearing in SOAH Docket No. XXX-XX-XXXX, Texas Juvenile

Justice Department v. Curtis Jones, before the State Office of Administrative

hearings; and

c. A change in the physical location of our law office which necessitated

several days without access to our server and computers.

8. No previous extension has been requested or granted to extend the time to

file Appellant’s Brief.

C. Prayer

8. For these reasons, Appellant asks the Court to grant an extension of time to

file Brief until September 4, 2015.

Appellant Shamrock Psychiatric, P.A.’s Motion to Extend Time to File Brief Page 2 of 4 Respectfully Submitted,

___________________________ Jason Ray State Bar No. 24000511 RIGGS & RAY, P.C. 506 West 14th Street Austin, Texas 78701 (512) 457-9806 Telephone (512) 457-9066 Facsimile jray@r-alaw.com ATTORNEY FOR APPELLANT

CERTIFICATE OF CONFERENCE

I communicated by email on August 3, 2015 with opposing counsel,

Eugene A. Clayborn and he advised that he does not oppose this motion.

___________________________ Jason Ray

Appellant Shamrock Psychiatric, P.A.’s Motion to Extend Time to File Brief Page 3 of 4 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was

served by eservice on August 4, 2015 to the following:

Eugene A. Clayborn Assistant Attorney General Deputy Chief, Administrative Law Division Office of the Attorney General of Texas P.O. Box 125548, Capitol Station Austin, Texas 78711-2548 Eugene.clayborn@texasattorneygeneral.gov

Appellant Shamrock Psychiatric, P.A.’s Motion to Extend Time to File Brief Page 4 of 4