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Shamrock Psychiatric Clinic, P.A. v. Texas Health and Human Services Commission Charles Smith, Executive Commissioner of the Texas Health and Human Services Commission And Stuart W. Bowen Jr., Inspector General for the Texas Health and Human Services Commission Office of Inspector General

Citation: Not availableDocket: 03-15-00349-CV

Court: Court of Appeals of Texas; October 7, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of Shamrock Psychiatric Clinic, P.S. v. Texas Department of Health and Human Services, et al., the appellees filed a motion seeking an extension of time to submit their brief. The current deadline was set for October 9, 2015, but the appellees requested an extension until October 30, 2015. This request was grounded in the counsel's extensive professional obligations, including preparation for an oral argument in a related case, significant work on final trial briefs for another case, and active participation in discovery and hearings in various other matters. Notably, this was the first extension request, and it was emphasized that the intention was not to delay proceedings but to ensure thorough preparation. Crucially, the appellant's counsel did not object to the extension, as confirmed by the certificate of conference. The motion was formally submitted by Eugene A. Clayborn, Assistant Attorney General, and included a certificate of service to confirm that all parties were duly notified. The court's decision on the extension request is not detailed in the summary provided.

Legal Issues Addressed

Consent of Opposing Counsel

Application: The motion for extension was not opposed by the appellant’s counsel, indicating consent to the appellees’ request.

Reasoning: The opposing counsel for Appellant has indicated no objection to this extension.

Motion for Extension of Time

Application: The appellees requested an extension to file their brief, citing multiple professional commitments and the need for adequate preparation.

Reasoning: Appellees in the case Shamrock Psychiatric Clinic, P.S. v. Texas Department of Health and Human Services, et al., seek an extension to file their brief until October 30, 2015.

Procedural Compliance

Application: The motion included a certificate of conference and a certificate of service, fulfilling procedural requirements for notifying opposing counsel.

Reasoning: The motion is submitted by Eugene A. Clayborn, Assistant Attorney General, and includes a certificate of conference confirming that opposing counsel does not oppose the request.

Professional Obligations as Justification

Application: The request for an extension was justified by the counsel's involvement in preparing for an oral argument, final briefs, and responding to discovery requests in other cases.

Reasoning: Counsel is preparing for an oral argument in a related case on October 7, 2015. Significant time has been devoted to final trial briefs in a different case filed on September 28, 2015. Counsel has also been actively engaged in responding to discovery requests, conducting depositions, and attending injunction hearings in multiple cases throughout August and September.