Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

Court of Appeals of Texas

Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

Court of Appeals of Texas·Decided May 7, 2015·No. 03-14-00774-CV·Published

Opinion

ACCEPTED 03-14-00774-CV 5188707 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/7/2015 10:40:38 AM JEFFREY D. KYLE CLERK NO. 03-14-00774-CV ____________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 5/7/2015 10:40:38 AM ____________________________________________________ JEFFREY D. KYLE Clerk TEXAS STATE BOARD OF VETERINARY MEDICAL EXAMINERS, and NICOLE ORIA, in her Official Capacity as Executive Director Appellants/Cross-Appellees, v.

ELLEN JEFFERSON, D.V.M., Appellee/Cross-Appellant. ____________________________________________________

On Appeal from the 127th Judicial District Court of Travis County, Texas Cause No. D-1-GN-14-000287 The Honorable Gisela D. Triana presiding _________________________________________________

APPELLANTS’ UNOPPOSED MOTON FOR EXTENSION OF TIME TO FILE BRIEF ____________________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Appellants, the Texas State Board of Veterinary Medical Examiners and

Nicole Oria, in her Official Capacity as Executive Director, by and through the

Office of the Attorney General of Texas and the undersigned Assistant Attorney

General, respectfully request this Court to grant them a thirty (30) day extension of

time to file their initial brief, and in support would show the Court as follows:

1. Appellants’ brief is currently due on May 8, 2015. No previous

extensions have been requested or granted. 2. Appellants request a thirty (30) day extension of time to file their brief,

to June 8, 2015.

3. The reason for the request is that the undersigned counsel for

Appellants has hearings and other matters scheduled during May, 2015.

4. This Motion is not interposed for the purpose of delay, but only for the

purpose of allowing counsel to adequately prepare and file Appellants’ brief and

fully address the issues in this appeal.

5. Counsel for Cross-Appellant, Ellen Jefferson, D.V.M., has stated that

he does not oppose this Motion.

Appellants therefore respectfully request an extension of time to and

including, June 8, 2015 in which to file and serve their brief in the captioned appeal.

Dated: May 7, 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. Division Chief, Administrative Law Division

2 /s/ Ted A. Ross Ted A. Ross Assistant Attorney General State Bar No. 24008890 OFFICE OF THE TEXAS ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P. O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-4191 Facsimile: (512) 457-4674 Email: ted.ross@texasattorneygeneral.gov

Attorneys for Appellants, Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in her Official Capacity as Executive Director

CERTIFICATE OF CONFERENCE

I hereby certify that I contacted counsel for Cross-Appellant and he stated that he does not oppose this Motion.

/s/ Ted A. Ross Ted A. Ross Assistant Attorney General

3 CERTIFICATE OF SERVICE

I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of Appellate Procedure, a true and correct copy of the above and foregoing document has been served on the following on this the 7th day of May 2015:

Ryan Clinton Via: Electronic Service State Bar No. 24027934 DAVIS, GERALD & CREMER, P.C. 111 Congress Ave., Suite 1660 Austin, Texas 78701 (432) 687-0011 Fax: (432) 687-1735

David F. Brown Via: Electronic Service David P. Blanke Zeke DeRose III EWELL, BROWN & BLANKE, LLP 111 Congress Avenue, 28th Floor Austin, Texas 78701 Telephone: (512) 457-0233 Facsimile: (877) 651-6384

Attorneys for Cross-Appellant, Ellen Jefferson, D.V.M.

/s/ Ted A. Ross Ted A. Ross Assistant Attorney General

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ACCEPTED 03-14-00774-CV 5188707 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/7/2015 10:40:38 AM JEFFREY D. KYLE CLERK NO. 03-14-00774-CV ____________________________________________________ FILED IN 3rd COURT OF APPEALS IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 5/7/2015 10:40:38 AM ____________________________________________________ JEFFREY D. KYLE Clerk TEXAS STATE BOARD OF VETERINARY MEDICAL EXAMINERS, and NICOLE ORIA, in her Official Capacity as Executive Director Appellants/Cross-Appellees, v.

ELLEN JEFFERSON, D.V.M., Appellee/Cross-Appellant. ____________________________________________________

On Appeal from the 127th Judicial District Court of Travis County, Texas Cause No. D-1-GN-14-000287 The Honorable Gisela D. Triana presiding _________________________________________________

APPELLANTS’ UNOPPOSED MOTON FOR EXTENSION OF TIME TO FILE BRIEF ____________________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Appellants, the Texas State Board of Veterinary Medical Examiners and

Nicole Oria, in her Official Capacity as Executive Director, by and through the

Office of the Attorney General of Texas and the undersigned Assistant Attorney

General, respectfully request this Court to grant them a thirty (30) day extension of

time to file their initial brief, and in support would show the Court as follows:

1. Appellants’ brief is currently due on May 8, 2015. No previous

extensions have been requested or granted. 2. Appellants request a thirty (30) day extension of time to file their brief,

to June 8, 2015.

3. The reason for the request is that the undersigned counsel for

Appellants has hearings and other matters scheduled during May, 2015.

4. This Motion is not interposed for the purpose of delay, but only for the

purpose of allowing counsel to adequately prepare and file Appellants’ brief and

fully address the issues in this appeal.

5. Counsel for Cross-Appellant, Ellen Jefferson, D.V.M., has stated that

he does not oppose this Motion.

Appellants therefore respectfully request an extension of time to and

including, June 8, 2015 in which to file and serve their brief in the captioned appeal.

Dated: May 7, 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. Division Chief, Administrative Law Division

2 /s/ Ted A. Ross Ted A. Ross Assistant Attorney General State Bar No. 24008890 OFFICE OF THE TEXAS ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P. O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-4191 Facsimile: (512) 457-4674 Email: ted.ross@texasattorneygeneral.gov

Attorneys for Appellants, Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in her Official Capacity as Executive Director

CERTIFICATE OF CONFERENCE

I hereby certify that I contacted counsel for Cross-Appellant and he stated that he does not oppose this Motion.

/s/ Ted A. Ross Ted A. Ross Assistant Attorney General

3 CERTIFICATE OF SERVICE

I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of Appellate Procedure, a true and correct copy of the above and foregoing document has been served on the following on this the 7th day of May 2015:

Ryan Clinton Via: Electronic Service State Bar No. 24027934 DAVIS, GERALD & CREMER, P.C. 111 Congress Ave., Suite 1660 Austin, Texas 78701 (432) 687-0011 Fax: (432) 687-1735

David F. Brown Via: Electronic Service David P. Blanke Zeke DeRose III EWELL, BROWN & BLANKE, LLP 111 Congress Avenue, 28th Floor Austin, Texas 78701 Telephone: (512) 457-0233 Facsimile: (877) 651-6384

Attorneys for Cross-Appellant, Ellen Jefferson, D.V.M.

/s/ Ted A. Ross Ted A. Ross Assistant Attorney General

Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director, (Tex. Ct. App. 2015).

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Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director (Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.