Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians

ACCEPTED
01-14-00767-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
1/9/2015 4:18:36 PM
CHRISTOPHER PRINE
CLERK

NO. 01-14-767-CV

FILED IN
1st COURT OF APPEALS
In the First Court of Appeals HOUSTON, TEXAS
1/9/2015 4:18:36 PM

Houston, Texas CHRISTOPHER A. PRINE
Clerk

Shirley Lenoir, Individually and as Personal Representative of the Estate of
Shana Lenoir and Christopher McKnight, Individually and as
Next Friend of Nayla McKnight,
Appellants-Plaintiffs,

v.

U.T. Physicians,
Appellee-Defendant.

On Accelerated Appeal From Cause No. 2012-35806
In the 164th Judicial District Court of Harris County, Texas
Honorable Alexandra Smoots-Hogan, Presiding Judge

APPELLEE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE RESPONSE BRIEF ON THE MERITS

Appellee-Defendant U.T. Physicians (“U.T. Physicians”) files this First

Unopposed Motion for Extension of Time to File Response Brief on the Merits. In

support thereof, U.T. Physicians respectfully shows this Court the following:

1. On September 12, 2014, Appellants Shirley Lenoir, Individually and

as Personal Representative of the Estate of Shana Lenoir, and Christopher

McKnight, Individually and as Next Friend of Nayla McKnight (collectively, “the

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Lenoirs”) filed their notice of appeal in this proceeding.

2. On January 5, 2015, by extension of time granted by this Court, the

Lenoirs filed their opening brief on the merits.

3. U.T. Physicians’ response brief on the merits is currently due on

January 26, 2015.

4. U.T. Physicians respectfully requests that this Court grant U.T.

Physicians a 21-day extension of time from January 26, 2015 to February 16, 2015

to file its response brief on the merits.

5. U.T. Physicians submits that good cause exists for such an extension

based on counsel for U.T. Physicians’ engagement in the following matters:

• Preparation of a letter brief on appellate jurisdiction in No. 02-
14-405-CV; Rollins v. Hart Security Ltd.; In the Second Court
of Appeals (due on January 16, 2015);

• Preparation of a motion for panel rehearing in No. 04-14-153-
CV; Gaskill v. VHS San Antonio Partners, LLC; In the Fourth
Court of Appeals (due on January 16, 2015);

• Preparation of a response to a petition for review in No. 14-
0697; Lenoir v. Matthews; In the Supreme Court of Texas (due
on January 20, 2015);

• Preparation of an opening brief on the merits in No. 14-0362;
CHRISTUS Health Gulf Coast v. Carswell; In the Supreme
Court of Texas (due on January 20, 2015); and

• Preparation of a jury charge in Cause No. 13-10-12107-
DCVAJA; Dimmit Wood Properties, Ltd. v. Chesapeake
Exploration, LLC; In the 365th Judicial District Court of
Dimmit County, Texas (due on January 23, 2015).

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 6. This is U.T. Physicians’ first motion for extension of time to file its

opening brief on the merits and is filed not for the purpose of delay but so that

justice may be done.

7. The Lenoirs do not oppose the relief requested in this motion.

CONCLUSION

For the reasons stated above, U.T. Physicians respectfully requests that this

Court grant Appellee’s First Unopposed Motion for Extension of Time to File

Response Brief on the Merits. U.T. Physicians further respectfully requests that

this Court grant U.T. Physicians all other relief to which it is entitled.

Respectfully submitted,

FULBRIGHT & JAWORSKI LLP

By /s/ Warren S. Huang
David Iler
State Bar No. 10386480
david.iler@nortonrosefulbright.com
Warren Huang
State Bar No. 00796788
warren.huang@nortonrosefulbright.com
Jaqualine McMillan
State Bar No. 24082955
Jaqualine.mcmillan@nortonrosefulbright.com
1301 McKinney, Suite 5100
Houston, Texas 77010-3095
Telephone: (713) 651-5151
Facsimile: (713) 651-5246

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 GREG ABBOTT
Attorney General of Texas

By /s/ Jason Warner
Jason Warner
Assistant Attorney General
State Bar No. 24028114
jason.warner@texasattorneygeneral.gov
Bridget McKinley
Assistant Attorney General
State Bar No. 00788023
bridget.mckinley@texasattorneygeneral.gov
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 463-2197
Facsimile: (512) 463-2224

Counsel for Appellee U.T. Physicians

CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), the undersigned

counsel – in reliance upon the word count of the computer program used to prepare

this document – certifies that this motion contains 402 words, excluding the words

that need not be counted under Texas Rule of Appellate Procedure 9.4(i)(1).

/s/ Warren S. Huang
Warren S. Huang

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 CERTIFICATE OF CONFERENCE

Counsel for Appellee has conferred with counsel for Appellants regarding

the filing of this motion, and Appellants do not oppose the relief requested in this

motion.

/s/ Warren S. Huang
Warren S. Huang

CERTIFICATE OF SERVICE

I hereby certify that a copy of Appellee’s First Unopposed Motion for

Extension of Time to File Response Brief on the Merits was served pursuant to

Texas Rule of Appellate Procedure 9.5 through the electronic filing manager

and/or by electronic mail on January 9, 2015, upon the following:

Mr. Joseph M. Gourrier
THE GOURRIER LAW FIRM
530 Lovett Boulevard, Suite B
Houston, Texas 77006
joseph@gourrierlaw.com
(Counsel for Appellant)

/s/ Warren S. Huang
Warren S. Huang

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