FILED 15-0299 4/20/2015 11:01:54 AM tex-4948712 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK

No. ___________ In the Supreme Court of Texas TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS; CHERYL GOMEZ IN HER CAPACITY AS EXECUTIVE DIRECTOR; MICHAEL PUHL, IN HIS CAPACITY AS PRESIDING OFFICER; TEXAS ASSOCIATION FOR MARRIAGE AND FAMILY THERAPY, Petitioners, v. TEXAS MEDICAL ASSOCIATION, Respondent.

On Petition for Review to the Third Court of Appeals at Austin, Texas

UNOPPOSED JOINT MOTION FOR EXTENSION OF TIME TO FILE PETITION FOR REVIEW

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 53.7(f), Petitioners, the Texas State Board of Examiners of Marriage and Family Therapists, Cheryl Gomez, Michael Puhl,* and the Texas Association for Marriage and Family Therapy, file this unopposed joint motion for extension * Cheryl Gomez and Michael Puhl have replaced Charles Horton and Sandra DeSobe, the parties to the judgments below, as executive director and presiding officer, respectively.

They are automatically substituted as the parties in this Court pursuant to Texas Rule of Appellate Procedure 7.2(a). of time requesting a 31-day extension of time to file their Petition for Review.

No prior extensions have been requested.

I.

This case comes to the Court from the Third Court of Appeals in Austin, Texas. The case number in that court was 03-13-00077-CV, and the style was the same, Texas State Board of Examiners of Marriage and Family Therapists, et al. v. Texas Medical Association. The court of appeals’ judgment issued on November 21, 2014. Petitioners filed a motion for en banc reconsideration on December 8, 2014. The court denied Petitioners’ motion on March 10, 2015.

II.

Petitioners’ Petition for Review is currently due on Friday, April 24.

See TEX. R. APP. P. 53.7(a)(2). Petitioners seek a 31-day extension of that deadline, which would make their petition due on or before Monday, May 25, 2015.

III.

Counsel for both the Texas State Board of Examiners of Marriage and Family Therapists and the Texas Association for Marriage and Family Therapy have had multiple briefing deadlines in other cases in the weeks

leading up to the current April 24, 2015 deadline. Petitioners respectfully request this additional time not for purposes of delay, but to review the record on appeal and to analyze the relevant law so as to provide the Court with a thorough and helpful brief. This is Petitioners’ first such request, and counsel for Respondent does not oppose it.

PRAYER Petitioners respectfully request the Court to grant their motion for extension of time to extend the deadline of their Petition for Review to May 25, 2015.

Respectfully submitted.

BAKER BOTTS L.L.P. KEN PAXTON Attorney General of Texas /s/ Thomas R. Phillips THOMAS R. PHILLIPS CHARLES E. ROY State Bar No. 00000102 First Assistant Attorney General DAVID T. ARLINGTON SCOTT A. KELLER State Bar No. 00790238 Solicitor General GAVIN R. VILLAREAL State Bar No. 24008211 /s/ Dustin M. Howell DUSTIN M. HOWELL San Jacinto Blvd., Suite 1500 Assistant Solicitor General Austin, Texas 78701-4039 State Bar No. 24050169 Tel.: (512) 322-2678 Fax: (512) 322-8392 OFFICE OF THE ATTORNEY GENERAL [email protected] P.O. Box 12548 (MC-059) Austin, Texas 78711-2548 COUNSEL FOR APPELLANT/CROSS- Tel.: (512) 936-0826 APPELLEE TEXAS ASSOC. FOR Fax: (512) 474-2697 MARRIAGE AND FAMILY THERAPY [email protected] COUNSEL FOR APPELLANTS/CROSS- APPELLEES TEXAS STATE BOARD OF EXAMINERS OF MARRIAGE AND FAMILY THERAPISTS, CHERYL GOMEZ, AND MICHAEL PUHL

CERTIFICATE OF CONFERENCE On April 19, 2015, undersigned counsel conferred by email with counsel for respondent, David Bragg, who confirmed this motion is unopposed.

/s/ Dustin M. Howell DUSTIN M. HOWELL

CERTIFICATE OF SERVICE On April 20, 2015, this motion was served via File & Serve Xpress and email on: David F. Bragg LAW OFFICES OF DAVID F. BRAGG, P.C.

1010 Chestnut St. Bastrop, Texas 78602 Fax: (512) 581-0245 [email protected]

/s/ Dustin M. Howell DUSTIN M. HOWELL