Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC And Toth Enterprises II, P .A. D/B/A Victory Medical Center
ACCEPTED
03-15-00348-CV
5829557
THIRD COURT OF APPEALS
AUSTIN, TEXAS
6/25/2015 4:02:14 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00348-CV
______________________________________ FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT OF TEXAS6/25/2015 4:02:14 PM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
______________________________________
TODD ENRIGHT
Appellant,
v.
ASCLEPIUS PANACEA, LLC; ASCLEPIUS PANACEA GP, LLC; DAILY
PHARMACY, LLC; DAILY PHARMACY GP, LLC; AND TOTH
ENTERPRISES II, P .A. D/B/A VICTORY MEDICAL CENTER,
Appellees.
______________________________________
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE BRIEF OF APPELLANT
TODD ENRIGHT
______________________________________
On Appeal from the 98th Judicial District Court
of Travis County, Texas
Trial Court No. D-1-GN-14-004689
Hon. Gisela D. Triana of the 200th Judicial District Court, Presiding
__________________________________
TO THE HONORABLE COURT OF APPEALS:
Appellant Todd Enright files this Unopposed Motion for Extension of Time
to File Brief of Appellant, and would show the Court as follows:
1. On June 3, 2015, Enright filed his Notice of Appeal of the district
court’s order denying Enright’s special appearance. The Clerk’s Record was filed
on June 15, 2015, and the Reporter’s Record was filed on June 17, 2015.
2. In accordance with the rules concerning an interlocutory appeal,
appellant’s brief is currently due on July 7, 2015. See Tex. R. App. P. 38.6(a).
3. Pursuant to Texas Rules of Appellate Procedure 10.5(b)(1) and
38.6(d), Enright requests a fourteen (14) day extension of time, to and including
July 21, 2015, to file his brief. This is the first motion for extension of time filed
by Enright.
4. As grounds for this extension, Enright requires additional time
because his lead counsel, Jennifer Poppe, has several other deadlines and
commitments during this period, including:
a hearing on June 30, 2015, regarding In Re Conn’s Inc. Securities
Litigation, Civil Action No. 4:14-cv-00548 in the United States
District Court for the Southern District of Texas, Houston Division;
a hearing on July 7, 2015, regarding Treppel v. Cohen et al., No. C.A.
No. 9962-VCP in the Court of Chancery of the State of Delaware; and
ongoing discovery and pretrial work in a number of cases.
5. In addition, counsel for Mr. Enright has previously existing personal
commitments during the holiday weekend immediately preceding the present
deadline.
6. Appellees do not oppose this Motion.
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Wherefore, Appellant Enright prays that this Court grant this Unopposed
Motion for Extension of Time to File Brief of Appellant, extend his filing deadline
to and including July 21, 2015, and grant any such other relief to which he may be
justly entitled.
Respectfully submitted,
/s/ Jennifer B. Poppe
Jennifer B. Poppe
State Bar No. 24007855
Jonah Jackson
State Bar No. 24071450
2801 Via Fortuna, Suite 100
Austin, Texas 78746
Telephone: (512) 542-8400
Facsimile: (512) 542-8612
jpoppe@velaw.com
jjackson@velaw.com
Attorneys for Appellant Todd Enright
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CERTIFICATE OF CONFERENCE
On June 24, 2015, I conferred with Paul Matula, Counsel for Appellees, who
stated that he was not opposed to a fourteen (14) day extension of time for the
filing of appellant’s brief.
/s/ Jonah Jackson
Jonah Jackson
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CERTIFICATE OF SERVICE
The undersigned certifies that on the 25th day of June, 2015, a true and
correct copy of this motion was served on the following attorneys in accordance
with the requirements of the Texas Rules of Appellate Procedure via electronic
filing or email.
Eric J. Taube
Paul Matula
Hohmann, Taube & Summers, LLP
100 Congress Avenue, 18th Floor
Austin, Texas 8701
erict@hts-law.com
paulm@hts-law.com
/s/ Jonah Jackson
Jonah Jackson
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