Home/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

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 August 14, 2015·No. 03-14-00774-CV·Published

Opinion

ACCEPTED 03-14-00774-CV 6511311 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/14/2015 4:43:44 PM 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 8/14/2015 4:43:44 PM ____________________________________________________ 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’/CROSS-APPELLEES’ SUBSTITUTED MOTION TO EXTEND BRIEFING DEADLINE ____________________________________________________

TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:

Appellants/Cross-Appellees, the Texas State Board of Veterinary Medical

Examiners and Nicole Oria, in her Official Capacity as Executive Director

(“Board”), by and through the Office of the Attorney General of Texas and the

undersigned Assistant Attorney General, requests an extension of time to and

including September 11, 2015 in which to file and serve its response to the brief filed

by Cross-Appellant Ellen Jefferson, D.V.M. (“Jefferson”). This motion is in lieu of the Board’s Motion to Abate Appeal, etc. filed on

August 10, 2015 (which is withdrawn).

In support, the Board would show the Court as follows:

1. The Board requests an extension of time to file its brief to September

11, 2015. (The Court has already granted Jefferson an extension to file her brief, to

September 8.)

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

Appellants and in-house counsel for the Veterinary Board have other deadlines and

matters scheduled during July and August which have prevented them from fully

addressing the issues raised in Jefferson’s 61-page brief.

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

purpose of allowing counsel to adequately prepare and file the Board’s brief and

fully address the issues in this appeal.

4. Co-counsel for Jefferson has stated that he does not oppose this request

for extension of time.

The Board respectfully requests this Court to extend its deadline to file its

brief in response to Jefferson’s brief, to September 11, 2015.

Dated: August 14, 2015.

2 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

/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

3 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

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 14th day of August 2015:

David F. Brown Via: Electronic Service dbrown@ebblaw.com David P. Blanke dblanke@ebblaw.com Zeke DeRose III zderose@ebblaw.com EWELL, BROWN & BLANKE, LLP 111 Congress Avenue, 28th Floor Austin, Texas 78701

Ryan Clinton Via: Electronic Service State Bar No. 24027934 DAVIS, GERALD & CREMER, P.C. 111 Congress Ave., Suite 1660 Austin, Texas 78701 rdclinton@dgclaw.com

Attorneys for Cross-Appellant, Ellen Jefferson, D.V.M. /s/ Ted A. Ross Ted A. Ross Assistant Attorney General 4

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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, (Tex. Ct. App. 2015).

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.