Texas Association of Acupuncture and Oriental Medicine v. Texas Board of Chiropractic Examiners And Patricia Gilbert, Executive Director in Her Official Capacity

Opinion

ACCEPTED 03-15-00262-CV 6768069 THIRD COURT OF APPEALS AUSTIN, TEXAS 9/2/2015 3:11:09 PM JEFFREY D. KYLE CLERK No. 03-15-00262-CV _______________________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FOR THE THIRD DISTRICT OF TEXAS 9/2/2015 3:11:09 PM AT AUSTIN JEFFREY D. KYLE Clerk _______________________________________________________________

TEXAS ASSOCIATION OF ACUPUNCTURE AND ORIENTAL MEDICINE, Appellant, v. TEXAS BOARD OF CHIROPRACTIC EXAMINERS AND YVETTE YARBROUGH, EXECUTIVE DIRECTOR IN HER OFFICIAL CAPACITY, Appellees. ________________________________________________________________

On Appeal from the 201st Judicial District Court Of Travis County, Texas Cause No. D-1-GN-14-000355 __________________________________________________________________

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

KEN PAXTON JOE H. THRASH Attorney General of Texas Assistant Attorney General State Bar No. 19995500 CHARLES E. ROY Assistant Attorney General First Assistant Attorney General Administrative Law Division P.O. Box 12548, Capitol Station JAMES E. DAVIS Austin, Texas 78711-2548 Deputy Attorney General for Civil Telephone: (512) 475-4203 Litigation Facsimile: (512) 320-0167 Joe.thrash@texasattorneygeneral.gov DAVID A. TALBOT, JR. Chief, Administrative Law Division ATTORNEYS FOR APPELLEES MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEF

Appellees, the Texas Board of Chiropractic Examiners, and Yvette

Yarbrough, Executive Director in her official capacity, (“TBCE”) respectfully ask

this Court for an extension of time to file Appellees’ Brief pursuant to Texas Rules

of Appellate Procedure 10.5(b) and 38.6(d). TBCE’s brief is due September 9,

2015. TBCE respectfully requests an additional thirty days in which to file its brief,

making the brief due to be filed on or before October 9, 2015. This is TBCE’s first

request for an extension. Appellant is not opposed to this request.

This extension is needed due to the undersigned counsel’s extensive duties

in connection with implementation of legislative changes and other duties to his

client agencies. This request is not made for purposes of delay, but to allow the

undersigned counsel time to properly prepare Appellees’ Brief, and so that justice

can be done.

For the above reasons, TBCE respectfully requests that the Court grant this

unopposed motion and extend the deadline for filing TBCE’s brief up to and

including October 9, 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/ Joe H. Thrash JOE H. THRASH Bar No. 19995500 Assistant Attorney General Administrative Law Division P. O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4203 Facsimile: (512) 320-0167 Joe.Thrash@texasattorneygeneral.gov ATTORNEYS FOR APPELLEES

CERTIFICATE OF CONFERENCE

The undersigned counsel for Appellees certifies that he has conferred with

counsel for Appellant regarding the foregoing request for an extension of time, and

has been advised that she is unopposed to this request.

/s/ Joe H. Thrash JOE H. THRASH Assistant Attorney General CERTIFICATE OF SERVICE

A true and correct copy of the foregoing Appellees’ Brief was served via e-

serve and e-mail on this the 2nd day of September, 2015 to the following:

Craig T. Enoch Via electronic service and email ENOCH KEVER PLLC 600 Congress Avenue Suite 2800 Austin, Texas 78701 cenoch@enochkever.com Melissa A. Lorber mlorber@enochkever.com Telephone: (512) 615-1200 Facsimile: (512) 615-1198 Attorneys for Plaintiff Texas Association of Acupuncture and Oriental Medicine

/s/ Joe H. Thrash JOE H. THRASH Assistant Attorney General