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 7467477 THIRD COURT OF APPEALS AUSTIN, TEXAS 10/21/2015 9:26:58 AM JEFFREY D. KYLE CLERK

No. 3-15-00262-CV FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS In the Court of Appeals 10/21/2015 9:26:58 AM Third District of Texas — Austin JEFFREY D. KYLE Clerk

TEXAS ASSOCIATION OF ACUPUNCTURE AND ORIENTAL MEDICINE,

Appellant, v.

TEXAS BOARD OF CHIROPRACTICE EXAMINERS AND YVETTE YARBROUGH, EXECUTIVE DIRECTOR IN HER OFFICIAL CAPACITY,

Appellees.

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

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

Craig T. Enoch Melissa A. Lorber Shelby O’Brien ENOCH KEVER PLLC 600 Congress Avenue, Suite 2800 Austin, Texas 78701 (512) 615-1200 / (512) 615-1198 fax

Attorneys for Appellant

1 Appellant Texas Association of Acupuncture and Oriental Medicine files

this unopposed motion seeking a 20-day extension of time to file its reply brief.

See TEX. R. APP. P. 38.6(d). Appellant’s current deadline to file its brief is October

29, 2015. Appellant seeks an extension to a new deadline of November 18, 2015.

No prior extensions have been requested. Counsel for appellees does not oppose

this motion.

Appellant requests this extension to allow its counsel an opportunity to fully

analyze and respond to appellees’ brief. Counsel also has conflicting deadlines in

this Court, the Texas Supreme Court, other appellate courts, and trial courts. This

extension is sought in the interest of justice and not for purposes of delay.

PRAYER

Appellant Texas Association of Acupuncture and Oriental Medicine

respectfully prays that this Court grant this extension of time for filing its reply

brief until November 18, 2015, and award it all further relief to which it may be

justly entitled.

2 Respectfully submitted,

By: /s/ Craig T. Enoch Craig T. Enoch Texas Bar No. 00000026 cenoch@enochkever.com Melissa A. Lorber Texas Bar No. 24032969 mlorber@enochkever.com Shelby O'Brien Texas Bar No. 24037203 sobrien@enochkever.com ENOCH KEVER PLLC 600 Congress Avenue Suite 2800 Austin, Texas 78701 512.615.1200 Telephone 512.615.1198 Fax Attorneys for Texas Association of Acupuncture and Oriental Medicine

CERTIFICATE OF CONFERENCE

As evidenced by my signature below, counsel for Appellant has conferred

with counsel for Appellees. Appellees do not oppose this Motion.

/s/ Shelby O’Brien Shelby O’Brien

3 CERTIFICATE OF SERVICE

I hereby certify that, on October 21, 2015, the foregoing Appellant’s

Unopposed Motion for Extension of Time to file Appellant’s brief served via

electronic service on the following:

Joe H. Thrash Assistant Attorney General Administrative Law Division P.O. Box 12548 Austin, Texas 78711 Joe.Thrash@texasattorneygeneral.gov

/s/ Craig T. Enoch Craig T. Enoch