Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 5/6/2015 11:45:50 AM JEFFREY D. KYLE Clerk No. 03-14-00774-CV THIRD COURT OF APPEALS 5/6/2015 11:45:50 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-14-00774-CV *1 ACCEPTED [5172452] CLERK I N THE C OURT OF A PPEALS FOR THE T HIRD D ISTRICT OF T EXAS AT A USTIN E LLEN J EFFERSON , D.V.M.
Appellant v.
T EXAS S TATE B OARD OF V ETERINARY M EDICAL E XAMINERS AND N ICOLE O RIA , I N
H ER O FFICIAL C APACITY AS E XECUTIVE D IRECTOR Appellees . On Appeal from the 250th Judicial District Court of Travis County, Texas U NOPPOSED F IRST M OTION FOR E XTENSION OF T IME TO F ILE
B RIEF OF A PPELLANT E LLEN J EFFERSON , D.V.M. T O THE H ONORABLE T HIRD OURT OF A PPEALS :
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.
*2 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. *3 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. 608-14-3835, in the State
Office of Administrative Hearings; Texas Board of Veterinary Medical Examiners v. Ellen Jefferson, DVM
SOAH Docket No. 578-14-1546, 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 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. 578-14-1546, 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.
*5 Respectfully submitted, /s/ Ryan Clinton Ryan Clinton State Bar No. 24027934 rdclinton@dgclaw.com D AVIS , G ERALD & REMER , 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 E WELL , B ROWN & B LANKE , LLP 111 Congress Ave., 28 th Floor Austin, TX 78701 (512) 457-0233 A TTORNEYS FOR A PPELLANT E LLEN J EFFERSON , D.V.M. *6 C ERTIFICATE OF C ONFERENCE 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 C ERTIFICATE OF C OMPLIANCE I certify that this motion was prepared in 14-point font.
/s/ Ryan Clinton Ryan Clinton ERTIFICATE OF S ERVICE I certify that a true and correct copy of the foregoing was sent this 6th of May,
2015, as follows:
V IA EFSP & EM AIL
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
/s/ Ryan Clinton Ryan Clinton