Boston Scientific Corporation v. Martha Salazar and Felix Salazar

ACCEPTED
05-14-01617-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
7/24/2015 3:56:25 PM
LISA MATZ
CLERK

No. 05-14-01617-CV
_____________________________________________________________
FILED IN
5th COURT OF APPEALS
IN THE DALLAS, TEXAS
COURT OF APPEALS 7/24/2015 3:56:25 PM
FIFTH DISTRICT OF TEXAS AT DALLAS LISA MATZ
Clerk

BOSTON SCIENTIFIC CORPORATION, INC.,
Defendant-Appellant,

V.

MARTHA SALAZAR and FELIX SALAZAR,
Plaintiffs-Appellees.

APPELLEES’ SECOND UNOPPOSED MOTION
FOR A 60 DAY EXTENSION OF TIME TO FILE BRIEF

FREESE & GOSS, PLLC CAPSHAW & ASSOCIATES
Tim K. Goss Richard A. Capshaw
tim@freeseandgoss.com richard@capslaw.com
3031 Allen St., Ste. 200 3031 Allen St., Ste. 201
Dallas, TX 75204 Dallas, TX 75204
P: 214.761.6610 P: 214.761.6610
F: 214.761.6688 F: 214.761.6611

EDWARDS & DE LA CERDA, P.L.L.C. MATTHEWS AND ASSOCIATES
Kevin L. Edwards David P. Matthews
kevin@edwardsdelacerda.com dmatthews@thematthewslawfirm.com
3031 Allen St., Ste. 100 2509 Sackett St.
Dallas, TX 75204 Houston, TX 77098
P: 214.550.5238 P: 713.522.5250
F: 214.722.2101 F: 713.535.7184

Counsel for Plaintiffs-Appellees Martha Salazar and Felix Salazar M
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TO THE HONORABLE COURT OF APPEALS:

1. Pursuant to Rules 2, 10.5(b), and 38.6(d), Appellees Martha Salazar

and Felix Salazar file this Second Unopposed Motion for Extension of Time

to File Brief and respectfully request a 60-day extension of the deadline to

file Appellees’ Brief.

I.
Appellees Request A 60 Day Extension Of Time To Allow For
Finalization Of The Settlement Entered By The Parties.

2. This is an appeal of a judgment that was signed on October 2, 2014.

The judgment was entered by the 95th Judicial District Court of Dallas

County, in Cause No. DC-12-14349, styled Martha Salazar, et al v. Boston

Scientific Corporation, Inc., et al.

3. Appellants moved, with agreement by the Appellees, for two

extensions of time (a total of sixty days) to file Appellant’s brief, both of

which were granted by this Court of Appeals. Appellants filed their brief on

June 1, 2015.

4. Prior to the date on which Appellees’ Brief was due, Appellees filed

an Unopposed Motion for Extension to File Brief, requesting a 120-day

extension. This Court of Appeals granted Appellees’ Motion for Extension

to File Brief and allowed an extension of 30 days. Appellees’ Brief is now

due July 31, 2015.

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5. Appellees now file their Second Unopposed Motion for Extension to

File Brief and request a 60-day extension of this deadline. If granted, the

new deadline to file Appellees’ brief would be September 29, 2015.

Counsel for Appellees conferred with counsel for Appellants on the

extension requested herein and counsel for Appellants is not opposed to

Appellees’ request or to the filing of this motion.

5. Appellees’ request for an extension is not intended for delay; but

rather to allow adequate time to finalize a settlement between the Appellees

and the Appellants. As of the date of filing this Motion for Extension of

Time to File Appellees’ Brief, counsel for Appellees and counsel for

Appellants have executed a Master Settlement Agreement, established a

Qualified Settlement Fund for the resolution of a substantial number of

claims, including this judgment, and counsel for Appellees has received

executed settlement disclosures and settlement agreements from a

substantial number of claims, including that of the Appellees. It is

anticipated that counsel for Appellees will receive the remainder of the

required executed settlement disclosures and settlement agreements pursuant

to the terms of the Master Settlement Agreement during the next 60 days and

that the settlement between Appellees and Appellants will be fully executed

and finalized. As such, this case and this appeal will be resolved. Appellees

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and Appellants have conferred and it is agreed that the settlement terms

should be satisfied within this timeframe.

6. Appellant’s counsel is not opposed to the requested extension.

7. Alternatively, if Appellees’ request for a 60 day extension is not

granted, Appellees respectfully request an extension of 30 days to file their

Appellee’s Brief.

WHEREFORE Appellees, Martha Salazar and Felix Salazar,

respectfully request a 60-day extension of the deadline to file Appellees’

Brief, which would make the new deadline for filing of Appellees’ Brief

September 29, 2015.

Respectfully submitted,

/s/Tim K. Goss
Tim K. Goss
Texas Bar No. 08222660
tim@freeseandgoss.com
Freese & Goss, PLLC
3031 Allen St., Ste. 200
Dallas, TX 75204
P: 214.761.6610
F: 214.761.6688

Richard A. Capshaw
State Bar No. 03783800
richard@capslaw.com
Capshaw & Associates
3031 Allen St., Ste. 201
Dallas, TX 75204
P: 214.761.6610
F: 214.761.6611

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 David P. Matthews
Texas Bar No. 13206200
dmatthews@thematthewslawfirm.com
Matthews and Associates
2509 Sackett St.
Houston, TX 77098
P: 713.522.5250
F: 713.535.7184

Kevin L. Edwards
Texas Bar No. 24040853
kevin@edwardsdelacerda.com
Edwards & de la Cerda, P.L.L.C.
3031 Allen St., Ste. 100
Dallas, TX 75204
P: 214.550.5239
F: 214.722.2101

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 CERTIFICATE OF SERVICE

On July 24, 2015, a copy of the foregoing pleading was filed and

served electronically by email through eFile.txcourts.gov on all counsel of

record for Appellees:

S. Vance Wittie
Maria Katina Karos
Sedgwick, LLP
1717 Main Street, Ste. 5400
Dallas, TX 75201-7367
P: (469) 227-8200
F: (469) 227-8004
Email:
vance.wittie@sedgwicklaw.com
maria.karos@sedgwicklaw.com

/s/Tim K. Goss
Tim K. Goss

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 CERTIFICATE OF CONFERENCE

Counsel for Appellant and counsel for Appellees conferred on July

23, 2015 regarding the substantive request in this motion. Counsel for

Appellant does not oppose the relief requested in this motion.

Certified to the 24th day of July, 2015, by:

/s/Tim K. Goss
Tim K. Goss

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