ACCEPTED
01-13-00963-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/21/2015 5:08:20 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
8/21/2015 5:08:20 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 A 14-DAY 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 14-day extension of time
to file their motion for rehearing. Appellants have requested and received one
previous extension of time (30 days) to file their motion for rehearing.
The current deadline for Appellants to file their motion for rehearing is
Friday, August 21, 2015. This motion is e-filed on Friday, August 21, 2015, and is
therefore 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. Mr. Hovnatanian’s father’s wife’s father, who lived in Simpson,
Louisiana, passed away a few days ago. That has necessitated Mr. Hovnatanian
making several trips.
2. Mr. Hovnatanian is preparing for oral argument on behalf of the
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.
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3. Mr. Hovnatanian is preparing the Brief of Appellee BNSF Railway
Company, in Cause No. 05-14-01575-CV; William T. Dickson, Appellant v. BNSF
Railway Company and Fellers Snider Blankenship Bailey & Tippens, P.C.; due on
August 21, 2015; in the Dallas Court of Appeals.
4. Mr. Hovnatanian is preparing the brief of appellee Integrity Insurance
Solutions, in Cause No. 14-15-00042-CV; Benson Scott Wyly v. Essex Insurance
Company, U.S. Risk, Inc., and Integrity Insurance Solutions; due on August 31,
2015; in the Fourteenth Court of Appeals.
Considering the above, Appellants respectfully move the Court for an
extension of time of 14 days to file their motion for rehearing, that is, to and
including Friday, September 4, 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 August 21, 2015, the undersigned attempted to
confer with Ms. Rosemarie M. Donnelly, lead appellate counsel for appellee 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 a 14-day extension
of time to file motion for rehearing contains 311 words.
/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
Dated: August 21, 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 21st day of August,
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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