Nariocan Enterprises LLC D/B/A Cantu's Pharmacy v. the Texas Health and Human Services Commission

ACCEPTED 15-24-00117-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/15/2025 2:32 PM CASE NO. 15-24-00117-CV CHRISTOPHER A. PRINE CLERK FILED IN IN THE COURT OF APPEALS 15th COURT OF APPEALS AUSTIN, TEXAS FOR THE FIFTEENTH DISTRICT OF TEXAS AT AUSTIN 4/15/2025 2:32:37 PM CHRISTOPHER A. PRINE Clerk NARIOCAN ENTERPRISES d/b/a CANTU PHARMACY, Appellant, v. TEXAS HEALTH AND HUMAN SERVICE COMMISSION Appellee.

APPELLEE’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME

Appellee Texas Health and Human Services Commission, files this unopposed motion requesting an extension of its deadline to file its appellee brief.

This appellate matter concerns an appeal from a final order granting a plea to the jurisdiction. Appellee’s current deadline for filing its brief is April 27, 2025. Appellee requests a 14-day extension to file its brief, thus moving the deadline to May 5, 2025. The undersigned counsel, who is charged with drafting Appellee’s brief, needs additional time to prepare it because she was out of the office from April 7, 2025 to April 14, 2025 due to a medical procedure. This is Appellee’s first request for an extension of time, and it is not sought for the purpose of delay.

Appellant is unopposed to the requested extension.

Prayer For the above reasons, Appellant prays that the Court afford it until May 5, 2025 to file its brief.

Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation ERNEST C. GARCIA Chief, Administrative Law Division /s/ Sherlyn Harper SHERLYN HARPER State Bar No. 24093176 Assistant Attorney General Administrative Law Division Office of the Attorney General of Texas Travis Street, #1520 Houston, Texas 77002 Telephone: (713) 225-8913 Facsimile: (512) 320-0167 [email protected] Counsel for Appellee, Texas Health and Human Services Commission

CERTIFICATE OF CONFERENCE The undersigned counsel conferred with Appellant’s lead counsel, Ricardo Pumarejo, regarding the relief sought in this motion. Atty. Pumarejo stated that Appellant was unopposed.

/s/Sherlyn Harper Sherlyn Harper

CERTIFICATE OF SERVICE I hereby certify that on April 15, 2025, a true and correct copy of this document was served upon the following persons via electronic filing service.

Ricardo Pumarejo [email protected] Counsel for Appellant /s/Sherlyn Harper Sherlyn Harper

Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Catherine Hughes on behalf of Sherlyn Harper Bar No. 24093176 [email protected] Envelope ID: 99697175 Filing Code Description: Motion Filing Description: 2025 0415 HHSC mtn to extend brief Status as of 4/15/2025 2:38 PM CST Associated Case Party: Nariocan Enterprises LLC d/b/a Cantu's Pharmacy Name BarNumber Email TimestampSubmitted Status Miguel Pruneda 24025601 [email protected] 4/15/2025 2:32:37 PM SENT Ricardo Pumarejo [email protected] 4/15/2025 2:32:37 PM SENT

Associated Case Party: Texas Health and Human Services Commission Name BarNumber Email TimestampSubmitted Status Sherlyn Harper 24093176 [email protected] 4/15/2025 2:32:37 PM SENT Catherine Hughes [email protected] 4/15/2025 2:32:37 PM SENT