Medical Discount Pharmacy, L.P., Lifechek Rosenberg GP, Inc., LifeChek, Inc. and Bruce v. Gingrich, Individually v. State of Texas

ACCEPTED
01-13-00963-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/22/2015 5:22:32 PM
CHRISTOPHER PRINE
CLERK

No. 01-13-00963-CV

FILED IN
IN THE FIRST COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
HOUSTON, TEXAS
7/22/2015 5:22:32 PM
CHRISTOPHER A. PRINE
Clerk
MEDICAL DISCOUNT PHARMACY, L.P.,
LIFECHEK ROSENBERG GP, INC., LIFECHEK, INC., AND
BRUCE V. GINGRICH, INDIVIDUALLY,
Appellants
v.

STATE OF TEXAS,
Appellee

On Appeal from
Cause No. 12-DCV-196841
In the 434th District Court of Fort Bend County, Texas

APPELLANTS’ MOTION FOR EXTENSION OF TIME
TO FILE MOTION FOR REHEARING

Levon G. Hovnatanian
State Bar No. 10059825
hovnatanian@mdjwlaw.com
Bruce E. Ramage
State Bar No. 16492500
ramage@mdjwlaw.com
MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Phone
(713) 222-0101 – Facsimile
TO THE HONORABLE COURT OF APPEALS:

Come now the appellants—Medical Discount Pharmacy, L.P., Lifechek

Rosenberg GP, Inc., Lifechek, Inc., and Bruce V. Gingrich, Individually

(collectively, “Appellants”)—and respectfully move for a 30-day extension of time

to file their motion for rehearing. Appellants have neither requested nor received a

previous extension of time to file their motion for rehearing.

The Court issued its opinion and judgment on July 7, 2015. Thus, any

motion for rehearing is due on Wednesday, July 22, 2015. See Tex. R. App. P.

49.1. Because this motion for extension of time to file motion for rehearing is filed

on Wednesday, July 22, 2015, it is timely filed. See Tex. R. App. P. 49.8.

The facts reasonably relied upon to explain the need for an extension of time

are as follows. Levon G. Hovnatanian, Appellants’ appellate counsel, has been

extremely busy with other pressing matters, including:

1. One of Mr. Hovnatanian’s friends recently died of cancer,
leaving a husband and two small children. Mr. Hovnatanian
has spent time trying to help the family.

2. Mr. Hovnatanian is working on the brief of appellee Integrity
Insurance Solutions, due on July 31, 2015, in Cause No. 14-15-
00042-CV; Benson Scott Wyly v. Essex Insurance Company,
U.S. Risk, Inc., and Integrity Insurance Solutions; in the
Fourteenth Court of Appeals.

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 3. Mr. Hovnatanian is preparing the Brief of Appellee BNSF
Railway Company, due on July 22, 2015, in Cause No. 05-14-
01575-CV; William T. Dickson, Appellant v. BNSF Railway
Company and Fellers Snider Blankenship Bailey & Tippens,
P.C.; in the Fifth Court of Appeals.

4. Mr. Hovnatanian prepared, and, on July 8, 2015, submitted the
Brief of Amici Curiae American Insurance Association and
Property Casualty Insurers and Association of America in
Cause No. 13-0673; Roy Seger, et al. v. Yorkshire Insurance
Co., Ltd. and Ocean Marine Insurance Co., Ltd.; in the
Supreme Court of Texas.

5. Mr. Hovnatanian is preparing for oral argument on behalf of
respondent Liberty Insurance Corporation in Cause No. 14-
0753, U.S. Metals, Incorporated v. Liberty Mutual Group,
Incorporated d/b/a Liberty Insurance Corporation; scheduled
for September 2, 2015, in the Supreme Court of Texas.

Considering the above, Appellants respectfully move the Court for an

extension of time of 30 days to file their motion for rehearing, that is, to and

including Friday, August 21, 2015.

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 Respectfully submitted,

MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.

By: /s/ Levon G. Hovnatanian
Levon G. Hovnatanian
State Bar No. 10059825
hovnatanian@mdjwlaw.com
Bruce E. Ramage
State Bar No. 16492500
ramage@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile

ATTORNEYS FOR APPELLANTS MEDICAL
DISCOUNT PHARMACY, L.P., LIFECHEK
ROSENBERG GP, INC., LIFECHEK, INC.,
AND BRUCE V. GINGRICH, INDIVIDUALLY

CERTIFICATE OF CONFERENCE

This is to certify that on July 22, 2015, the undersigned attempted to confer
with Ms. Rosemarie M. Donnelly, lead appellate counsel for the State of Texas,
regarding whether she opposes this motion, but was unable to reach her.

/s/ Levon G. Hovnatanian
Levon G. Hovnatanian

CERTIFICATE OF COMPLIANCE

This is to certify that this computer-generated motion for extension of time
to file motion for rehearing contains 390 words.

/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
Dated: July 22, 2015

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 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing
motion has been forwarded to all counsel listed below on this 22nd day of July,
2015, by the methods indicated below:

Ms. Rosemarie M. Donnelly
Office of The Attorney General
Consumer Protection and Public Health Division
808 Travis, Suite 1520
Houston, TX 77002
rosemarie.donnelly@texasattorneygeneral.gov
(Attorneys for appellee the State of Texas)
(via e-filing and e-mail )

/s/ Levon G. Hovnatanian
Levon G. Hovnatanian

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