Home/Court of Appeals of Texas/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

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 of Appeals of Texas·Decided October 7, 2015·No. 03-15-00349-CV·Published

Opinion

ACCEPTED 03-15-00349-CV 7270543 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/7/2015 1:29:24 PM JEFFREY D. KYLE CLERK CASE NO. 03-15-00349-CV _____________________________________________________________ IN THE COURT OF APPEALS FILED IN 3rd COURT OF APPEALS FOR THE THIRD JUDICIAL DISTRICT AUSTIN, TEXAS AT AUSTIN, TEXAS 10/7/2015 1:29:24 PM _________________________________________________________ JEFFREY D. KYLE Shamrock Psychiatric Clinic, P.S. Clerk Appellant,

v.

Texas Department of Health and Human Services; Chris Traylor, Executive Commissioner; and Stuart Bowen, Inspector General, Appellees. _____________________________________________________________ On Appeal from Cause No. D-1-GN-14-001833; 126th Judicial District Court of Travis County, Texas, Honorable Judge Orlinda Naranjo Presiding. ____________________________________________________

APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF ____________________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Appellees respectfully request an extension of time, or until Friday, October

30, 2015, in which to file their brief in the captioned appeal. In support, Appellees

would show the Court as follows:

1. Appellees’ brief is currently due on October 9, 2015. No previous

extensions have been requested or granted.

1 2. Appellees are in need of a brief extension of time because their counsel

has been preparing for oral argument before this court in Case No. 03-15-00226-CV,

Linda Puglisi v. Texas Health and Human Services Commission, on October 7, 2015.

3. Also, Counsel has expended a considerable amount of time and effort

researching, drafting, and filing our final trial briefs on September 28, 2015 in LMV-

AL, LLC v. Texas Department of Aging and Disability Services, Cause D1-GN-15-

001219, In the 98th Judicial District Court, Travis County, Texas.

3. Additionally, Counsel has expended a considerable amount of time and

effort responding to discovery requests on an accelerated discovery timetable,

conducting multiple depositions, and preparing for and attending several injunction

hearings in August and September in Cause No. D-1-GN-15-003213, Diana D. v.

Texas Health and Human Services Commission, et al.; 201st District Court, Travis

County.

4. This motion is not interposed for the purpose of delay, but only to allow

Appellees’ counsel to adequately prepare and file their brief.

5. Appellant’s counsel has stated that he does not oppose this request.

Appellees therefore respectfully request an extension of time to and including

Friday, October 30, 2015 in which to file and serve their brief in the above captioned

appeal.

2 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/ Eugene A. Clayborn EUGENE A. CLAYBORN State Bar No.: 00785767 Assistant Attorney General Deputy Chief, Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-3204 Facsimile: (512) 320-0167 eugene.clayborn@ texasattorneygeneral.gov

Attorneys for Appellees

CERTIFICATE OF CONFERENCE

I hereby certify that I contacted Jason Ray, opposing counsel for Appellant, on October 7, 2015 and that Attorney Ray stated that Appellant does not oppose Appellees’ Motion for Extension of Time to File Brief.

/s/ Eugene A. Clayborn EUGENE A. CLAYBORN, AAG 3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been served on this the 7th day of October, 2015 on the following:

Jason Ray Via: Electronic Service State Bar No.: 24000511 Jennifer S. Riggs State Bar No. 16922300 Eugene Franklin Hopkins IV State Bar No. 24059968 RIGGS ALESHIRE & RAY, P.C. RIGGS & RAY, P.C. 506 West 14th Street, Suite A Austin, Texas 78701 512 457-9806 512 457-9066 – Facsimile jray@r-alaw.com jriggs@r-alaw.com

Attorneys for Appellant

/s/ Eugene A. Clayborn EUGENE A. CLAYBORN, AAG

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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, (Tex. Ct. App. 2015).

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 (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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.