Texas Health and Human Services Commission and Office of Inspector General v. Antoine Dental Center

Opinion

ACCEPTED 06-15-00076-CV Appeal SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/7/2015 8:54:27 AM DEBBIE AUTREY CLERK

NO. 06-15-00076-CV

IN THE FILED IN 6th COURT OF APPEALS SIXTH COURT OF APPEALS TEXARKANA, TEXAS TEXARKANA, TEXAS 12/7/2015 8:54:27 AM DEBBIE AUTREY Clerk

TEXAS HEALTH AND HUMAN SERVICES COMMISSION AND OFFICE OF INSPECTOR GENERAL, Appellants,

v.

ANTOINE DENTAL CENTER, Appellee.

On appeal from the 200th District Court, Travis County, Texas Cause No. D-1-GN-14-002229

FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE RESPONSE BRIEF

Appellee asks the Court to extend the time to file Appellee’s Response Brief for

an extension of 30 days.

A. Introduction

1. Appellee is Antoine Dental Center.

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 Appellant, Texas Health and Human Services Commission and Office

of the Inspector General (“OIG”), is not opposed to this motion. Appellee Antoine Dental Center’s Motion to Extend Time to File Response Brief Page 1 of 4 B. Argument & Authorities

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

Appellate Procedure 38.6.

5. The deadline to file the Response Brief is December 9, 2015.

6. Appellant requests this extension due to counsel having:

- Intervening cases that had immediate impending deadlines preventing a

timely reply brief to be completed, including an emergency amicus brief filed in

Case No. 03-15-262-CV, Texas Association of Acupuncture and Oriental Medicine

v. Texas Board of Chiropractic Examiners and Yvette Yarbrough, Executive

Director, and a separate appellate brief due in 03-15-349-CV, Shamrock

Psychiatric, P.A., v. Texas Health and Human Services Commission, Kyle Janek,

and Douglas Wilson.

- Two unexpected, late set depositions in No. 13-0551-FC3, IMMO Rafferty

McDonald and Emily McDonald and in the Interest of JTM and DKM, currently

pending in Willamson County Court at Law No. 3, distracted the undersigned

counsel from reviewing and addressing Appellant’s brief for over a week.

The Thanksgiving holiday period which reduced work productivity time

within the office.

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

file Appellee’s Brief.

Appellee Antoine Dental Center’s Motion to Extend Time to File Response Brief Page 2 of 4 C. Prayer

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

file its Response Brief until January 8, 2015.

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 APPELLEE

CERTIFICATE OF CONFERENCE

I communicated by email on December 4, 2015 with opposing counsel,

Raymond C. Winter, and he advised that he does not oppose this motion.

___________________________ Jason Ray

Appellee Antoine Dental Center’s Motion to Extend Time to File Response Brief Page 3 of 4 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Motion to Extend Time to

File Response Brief was served via e-mail and e-service on the 7th day of December,

2015 on the following:

Counsel for Appellant Texas Health and Human Services Commission and Office of the Inspector General Raymond C. Winter Chief, Civil Medicaid Fraud Division Reynolds B. Brissenden Noah Reinstein Assistant Attorneys General Office of the Attorney General P.O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 936-1709 Facsimile: (512) 936-0674 E-mail: raymond.winter@texasattorneygeneral.gov E-mail: reynolds.brissenden@texasattorneygeneral.gov E-mail: noah.reinstein@texasattorneygeneral.gov

Jason Ray

Appellee Antoine Dental Center’s Motion to Extend Time to File Response Brief Page 4 of 4