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: Court of Appeals of Texas
• Decided: May 6, 2015
• Docket: 03-14-00774-CV
• Status: Published

Opinion

ACCEPTED 03-14-00774-CV 5172452 THIRD COURT OF APPEALS AUSTIN, TEXAS 5/6/2015 11:45:50 AM JEFFREY D. KYLE CLERK No. 03-14-00774-CV IN THE COURT OF APPEALS FILED IN FOR THE THIRD DISTRICT OF TEXAS 3rd COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN 5/6/2015 11:45:50 AM JEFFREY D. KYLE ELLEN JEFFERSON, D.V.M. Clerk

Appellant, v. TEXAS STATE BOARD OF VETERINARY MEDICAL EXAMINERS AND NICOLE ORIA, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR

Appellees.

On Appeal from the 250th Judicial District Court of Travis County, Texas

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M.

TO THE HONORABLE THIRD COURT OF APPEALS:

Appellant Ellen Jefferson, D.V.M. (“Dr. Jefferson”) respectfully requests an

additional thirty days to file her Appellant’s brief for the following reasons:

I.

The current deadline for filing Dr. Jefferson’s Appellant’s Brief is May 8, 2015.

A thirty-day extension of time to file Appellant’s Brief would create a new deadline

of June 8, 2015. This motion is not opposed.

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 1 II.

Appellant does not request an extension of time for purposes of delay but rather

so that justice may be done and so that Appellant’s counsel may prepare a fully

researched and helpful brief for the Court’s consideration.

III.

Additional time is needed to prepare this brief due to Appellant’s counsel’s

multiple additional work matters. In addition to this case, appellate counsel Ryan

Clinton is or has recently been involved in litigation matters including:

• Endeavor Energy Resources, L.P. v. Discovery Operating, Inc., No. 15- 0155 in the Supreme Court of Texas;

• JSA Properties Ltd. v. SandRidge Energy, Inc., No. P-11681-112-CV in the 112th District Court of Pecos County;

• Lujan v. Oxy USA, Inc., No. 13-07-23084-CVW, in the 143rd District Court of Ward County;

• GKM Mineral Partnership, LP v. SandRidge Energy, Inc., No. 3,123 in the 83rd District Court of Terrell County, Texas;

• Lothian Cassidy, L.L.C. v. Bruce Ransom, No. 15-50138, in the United States Court of Appeals for the Fifth Circuit;

• West Texas National Bank v. FEC Holdings, No. CV48334, in the 385th District Court of Midland County;

• Brennand Lazy H Ranch Ltd. v. Energen Resources Corporation, No. 16,452, in the 32nd District Court of Mitchell County; and

• Mercury-Ward LLC v. Anadarko Petroleum Corporation, No. 13-09- 23160-CVW, in the 143rd District Court of Ward County.

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 2 Appellate counsel David Brown is involved in litigation matters including:

• Alvarez & Marsal Insurance Advisory Services v. The Honorable Greg Abbott, Attorney General of Texas and Texas Windstorm Insurance Association, No. D-1-GN-13-002445, in Travis County District Court;

• Alvarez & Marsal Insurance Advisory Services v. The Honorable Greg Abbott, Attorney General of Texas and Texas Windstorm Insurance Association, No. D-1-GN-13-003669, in Travis County District Court;

• Texas Windstorm Insurance Association v. The Honorable Greg Abbott, Attorney General of Texas, D-1-GN-14-001353, in Travis County District Court;

• Texas Windstorm Insurance Association v. The Honorable Greg Abbott, Attorney General of Texas, D-1-GN-14-001799, in Travis County District Court;

• Texas Windstorm Insurance Association v. The Honorable Greg Abbott, Attorney General of Texas, D-1-GN-14-002686, in Travis County District Court;

• Texas Windstorm Insurance Association v. The Honorable Greg Abbott, Attorney General of Texas, D-1-GN-14-002775, in Travis County District Court;

• Harris County Hospital District v. AT&T, No. 2010-28461, in the 333rd District Court for Harris County, Texas;

• Texas Department of Motor Vehicles v. New Orleans Cold Storage and Warehouse Company, SOAH Docket No. XXX-XX-XXXX, in the State Office of Administrative Hearings;

• Texas Board of Veterinary Medical Examiners v. Ellen Jefferson, DVM, SOAH Docket No. XXX-XX-XXXX, in the State Office of Administrative Hearings;

• In re: Cointerra, Inc., No. 15-10109 in the United States Bankruptcy Court for the Western District of Texas; and

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 3 • In re: UPH Holdings, Inc. and Tex-Link Communications, Inc., No. 13-10570 in the United States Bankruptcy Court for the Western District of Texas.

Appellate counsel David Blanke is involved in litigation matters including:

• Texas County and District Retirement System v. Wexford Spectrum Fund, L.P., et al., No. D-1-GN-13-001141, in the 261st Judicial District Court, Travis County, Texas;

• Taccolini, et al. v. InduSoft Inc., et al., No. D-1-GN-14-001853, in the 201st Judicial District Court of Travis County, Texas;

• Texas Board of Veterinary Medical Examiners v. Ellen Jefferson, DVM, SOAH Docket No. XXX-XX-XXXX, in the State Office of Administrative Hearings; and

• an ongoing Texas Attorney General antitrust CID investigation.

IV.

This is Dr. Jefferson’s first request for an extension of time to file her

Appellant’s brief.

V.

Counsel for Dr. Jefferson conferred with Appellees’ counsel regarding this

motion, and counsel for Appellees indicated that Appellees do not oppose this motion.

WHEREFORE, Appellant Ellen Jefferson, D.V.M. prays that the Court grant

this Unopposed First Motion for Extension of Time to File Brief of Appellant, and for

any such other relief to which she is entitled.

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 4 Respectfully submitted,

/s/ Ryan Clinton Ryan Clinton State Bar No. 24027934 rdclinton@dgclaw.com DAVIS, GERALD & CREMER, P.C. 111 Congress Ave., Suite 1660 Austin, Texas 78701 (432) 687-0011 Fax: (432) 687-1735

David F. Brown State Bar No. 03108700 dbrown@ebblaw.com David P. Blanke State Bar No. 02453600 dblanke@ebblaw.com EWELL, BROWN & BLANKE, LLP 111 Congress Ave., 28th Floor Austin, TX 78701 (512) 457-0233

ATTORNEYS FOR APPELLANT ELLEN JEFFERSON, D.V.M.

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 5 CERTIFICATE OF CONFERENCE

I certify that counsel for Dr. Jefferson contacted counsel for Appellees regarding this motion, and that counsel for Appellees indicated that Appellees do not oppose this Motion.

/s/ Ryan Clinton Ryan Clinton

CERTIFICATE OF COMPLIANCE

I certify that this motion was prepared in 14-point font.

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was sent this 6th of May, 2015, as follows:

VIA EFSP & EMAIL Mr. Andrew Lutostanski andrew.lutostanski@texasattorneygeneral.gov Mr. Ted A. Ross ted.ross@texasattorneygeneral.gov Office of the Attorney General of Texas Administrative Law Division P. O. Box 12548 Austin, TX 78711

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT ELLEN JEFFERSON, D.V.M. Page 6