Carolyn Barnes v. Commissioner of Texas Department of State Health Services Dr. John Hellerstedt, and Attorney General Ken Paxton ( 2015 )

November 23, 2015 NO. 03-15-00605 IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS CAROLYN BARNES, ET AL, APPELLANT TEXAS ATTORNEY GENERAL, ET AL MOTION FOR EXTENSION OF TIME TO FILE CLERK'S RECORD AND COURT REPORTER'S RECORD On Appeal From Cause No. D-l-GN-15-000877 From The 419th Judicial District Court Of Travis County, Texas The Honorable Orlinda Naranjo Presiding Carolyn Barnes, J.D., Ph.D.^j"p--^- _, 419 Indian Trail / Vl£D N) Leander, Texas 78641 / lm 232015 j (281)467-8681 ^- ^ - " Bames.legalguidance@gmau7c"brh~--~—• IDENTITY OF PARTIES AND COUNSEL Appellant: Carolyn Barnes 419 Indian Trail Leander, Texas 78641 (281)467-8681 Barnes.legalguidance@gmail.com Appellees: GUILFORD JONES JOHNDELANEY ELIZABETH CUNNINGHAM MARTY GRIFFIN KENNETH COLE KENPAXTON THIRD COURT OF APPEALS SUPREME COURT OF TEXAS. Counsel for Appellees: KENPAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation KAREN D. MATLOCK Assistant Attorney General Chief, Law Enforcement Defense Division DEMETRIANASTASIADIS Assistant Attorney General Attorney-In-Charge Texas State Bar No. 01164480 Demetri.Anastasiadis@texasattorneygeneral.gov MOTION FOR EXTENSION OF TIME TO FILE THE APPELLATE RECORD INCLUDING THE CLERK'S RECORD AND THE COURT REPORTER'S RECORD There are currently 12 pending appeals from this single case, Trial Court Cause No. D-l-GN-15-000877, but only 7 appellate case numbers have been assigned. Three appellate case numbers ending in 00630, 00605, and 00593 appear to be the same appeal dealing with the 8 defendants represented by the Texas Attorney General and dismissed under a late-filed Rule 91a motion. Two other appellate case numbers ending in 00700 and 00719 appear to be the same appeal involving Humes and Coons. There are 7 other appeals that have not been assigned a case number in the appellate court. It appears that the end result of the piecemeal way of summarily disposing of all these constitutional claims, without allowing or permitting any discovery, will eventually be 15-16 separate appeals. The trial court is systematically, sequentially, and summarily dismissing all claims and causes of action as each of the defendants request it, while depriving Appellants of any ability to conduct discovery or move forward on the claims. The undue burden on Appellants of having to respond and defend against these sequential, systematic, and summary motions to dismiss and summary judgment while also timely perfecting the appeals, designating the records for appeal, and filing the necessary documents with both the trial court and appellate court at the same time is impossible to meet in a timely fashion. This Court will see when the record is filed in this Court that Appellants have diligently pursued their claims and were extremely vexed and burdened in the trial court with responding to these successive, serial, and summary proceedings. The docket sheet alone is 37 pages. The largest complicating factor is the requirement that Appellant physically go down and view the record at the courthouse to designate it since she is not allowed to access the AARO system online. Good cause exists to allow Appellant an extension of time for a period of thirty days to file the record for these appeals and the necessary docketing statements. Alternatively, Appellant requests that this Court allow the filing of one master Clerk's Record and on master Court Reporter's Record that would be used in each of these appeals. Therefore, the Appellant requests two options for relief from the overly burdensome task of designating separate records for appeal. Either grant Appellant's request for an extension of time to designate the record and to allow the Court Reporter and Clerk additional time as necessary for them to complete their tasks for appeal; or allow the District Clerk and Court Reporter to file the complete record and that master record would be used in all the pending appeals and subsequent appeals arising from the Trial Court Cause No. D-l-GN-15-000877. These appeals seek to remedy serious denials of due process and substantive violations of the United States and Texas Constitutions, as well as Texas Rules of Civil Procedure and Texas law that have resulted in the continued violations of Relator's basic, inherent, fundamental, and structural rights. Good Cause exist to grant this motion for extension of time so that the overwhelming burden of designating so many separate records for these 15-16 appeals and the corresponding court reporter's record and allow at least 30 days for the Clerk and Court Reporter to file these records with this Court. Alternatively, good cause exist to allow the filing of a Master Clerk's Record that would include all pleadings filed in the cause and permit the designation of the transcripts from all the hearings conducted in the cause as a Master Court Reporter's Record to be used in all 16 appeals that have arisen or will arise out of this one single case. RELIEF REQUESTED Relator requests that the Court grant this Motion for Extension of Time to file the docketing statements, designate and file the Clerk's Record, and designate and file the Court Reporter's Record for a period of thirty days; or alternatively grant an extension of time to allow the filing of a Master Clerk's Record and Master Court Reporter's Record to be utilized in any and all appeals from the Trial Court No. D-l-GN-15-000877 case on appeal from the 419th Judicial District Court of Travis County, Texas. Appellant requests that the Court award all other relief as the Court deems just and proper. Respectfully submitted, Carolyn Barnes 419 Indian Trail Leander, TX 78641 281467 8681 barnes.legalguidance@gmail.com By: Carolyn Barnes JURAT COUNTY OF WILLIAMSON STATE OF TEXAS Pursuant to Texas Civil Practices and Remedies Code Sec. 132.001, I, Carolyn Barnes, do hereby swear and affirm that the facts stated above are true and correct based on personal knowledge. I aver that "My name is Carolyn Barnes, by date of birth is January 12, 1957, and my address is 419 Indian Trail, Leander, Texas 78641 in the United States of America. I swear under penalty of perjury that all the facts stated herein are within my personal knowledge and true and correct. I have read the foregoing Motion for Extension ofTime to File the Appellate Record and the facts stated within that are not verified by the record are true and correct to the best of her knowledge, and the exhibits filed separately in an appendix to this petition are true and correct copies of the original documents. SWORN TO BEFORE ME ON THIS 20th day ofNovember, 2015. Carolyn Barnes CERTIFICATE OF CONFERENCE \J