ACCEPTED
06-15-00037-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/7/2015 1:16:49 PM
DEBBIE AUTREY
CLERK
No. 06-15-00037-CV
FILED IN
IN THE COURT OF APPEALS 6th COURT OF APPEALS
TEXARKANA, TEXAS
FOR THE SIXTH DISTRICT OF TEXAS 12/7/2015 1:16:49 PM
TEXARI~ANA, TEXAS DEBBIE AUTREY
Clerk
MICHAEL D. LEE,
Appellant,
►•~
THE ROGERS AGENCY,C. MICHAEL RODGERS,AND
NEW YORK LIFE INSURANCE COMPANY,
Appellees.
On Appeal from the 124th Judicial District Court
Gregg County, Texas
Cause No, 2014-0615-B
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLEE BRIEF
TO THE HONORABLE CO~JRT OF APPEALS:
COME NOW THE ROGERS AGENCY and C. MICHAEL ROGERS
(collectively "Appellees"), pursuant to Texas Rule of Appellate Procedure 38.6(d),
and file their Motion for Extension of Time to File Appellee Brief. In support of
the same, Appellees would respectfully show the Court the following:
2153341v.1
1. On August 25, 2015, the Court set September 24, 2015, as the
deadline for Appellant Michael D. Lee ("Appellant") to file his Appellant Brief.
Appellant filed an unopposed motion fora 30-day extension of time to file his
brief, and the Court reset the deadline for filing his brief to October 26, 2015.
2. On October 26, 2015, Appellant filed his second motion for an
extension of time to file his brief, this time requesting a 14-day extension of time
to file his Appellant Brief. The Coul-t reset the deadline for the filing of his brief to
November 9, 2015. Subsequently, Appellant filed his brief, and the Court set the
deadline for Appellees' brief to December 9, 2015.
3. Appellees request a 9-day extension of time for filing their brief,
malting their new deadline December 18, 2015. The undersigned counsel for
Appellees has other commitments necessitating this extension, including but not
limited to the following:
a. Prepared for and attended depositions in Cause No. 2013CI11730,Dr.
Tuhin Chaudhu~i v. David ScheN, et al, pending in 407th Judicial
District Court in Bexar County, Texas;
b. Prepared for and took the deposition of Richard Toussaint, Jr. in No.
153-280253-15, St~^atus Anesthesia Associates Forth Worth PLLC
f/k/a Ascendant Anesthesia Fort Worth, PLLC v. Aa~^on Shiraz, M.D,
and Trinity Anesthesia PNofessionals, PLLC, pending in the 153rd
Judicial District Court of Tarrant County, Texas;
c. Planning for and attending the hearing on Defendants' Motion to Stay
Arbitration in Cause No. 153-280253-15, Status Anesthesia
Associates Forth WoNth PLLCf/k/a Ascendant Anesthesia Fo~^t WoNth,
PLLC v. Aa~~on ShiNaz, M.D. and Trinity Anesthesia P~~ofessionals,
2153341 v.1
PLLC, pending in the 153rd Judicial District Court of Tarrant County,
Texas on December 4, 2015;
d. Planning for and attending the deposition of Aaron Shiraz in Cause
No. 153-280253-15, St~^atics Anesthesia Associates FoNth Worth PLLC
f/k/a Ascendant Anesthesia Fort Wo~^th, PLLC v. Aallon Shiraz, M.D.
and Trinity Anesthesia Professionals, PLLC, pending in the 153rd
Judicial District Court of Tarrant County, Texas on December 9,
2015;
e. Planning for and attending depositions of Plaintiffs and Defendants'
experts in Cause No. 153-280253-15, Status Anesthesia Associates
Forth WoNth PLLCf/k/a Ascendant Anesthesia FoNt WoNth, PLLC v.
Aaron Shiraz, M.D. and Trinity Anesthesia P~^ofessionals, PLLC,
pending in the 153rd Judicial District Count of Tarrant County, Texas
on December 15 and 16, 2015; and
f. Planning for and attending arbitration in Cause No. 153-280253-15,
St~^atus Anesthesia Associates Forth Wo~~th PLLC f/k/a Ascendant
Anesthesia Fort WoNth, PLLC v. Aa~~on ShiNaz, M,D. and TNinity
Anesthesia Professionals, PLLC, pending in the 153rd Judicial
District Court of Tarrant County, Texas on December 19, 2015.
These and other scheduling conflicts necessitate the request for an extension.
4. Appellees therefore request that the deadline for filing their brief be
extended 9 days to December 18, 2015. This is Appellees' first request for an
extension on their Appellee Brief and is not sought for the purposes of delay.
WHEREFORE, PREMISES CONSIDERED, Appellees The Rogers
Agency and C. Michael Rogers respectfully request that the Court extend the time
for them to file their Appellee Brief9 days until December 18, 2015.
2153341v.1
Respectfully Submitted,
WILSON,ELSER,MOSKOWITZ,
EDELMAN &DICKER LLP
By: /s/D, CNai~ B~inke~
D. Craig Brinker
State Bar No. 03033200
craig.brinker@wilsonelser.com
Lana P. Beverly
State Bar No. 24075377
lana.beverly@wilsonelser.com
901 Main Street, Suite 4800
Dallas, Texas 75202
(214)698-8000
(214)698-1101 (Facsimile)
ATTORNEYS FOR APPELLEES
THE ROGERS AGENCY AND C.
MICHAEL ROGERS
CERTIFICATE OF CONFERENCE
The undersigned conferred with John R, Mercy, counsel for Appellant, and
Andrew Jubinsky, counsel for Appellee, New York Life Insurance Company,
regarding the relief sought by this motion. Both have indicated that they are
unopposed to the relief requested in this motion.
'D. Cram B~znkef°
D. Craig Brinker
CERTIFICATE OF SERVICE
I hereby certify that on December 7, 2015, a true and correct copy ofthis
motion was served electronically on the following counsel of record in accordance
with the Texas Rules of Appellate Procedure:
2153341 v.]
John R. Mercy
MERCY CARTER TIDWELL,L.L.P.
1724 Galleria Oaks Drive
Texarkana, Texas 75503
James A. Holmes
THE LAW QFFICE OF JAMES HOLMES,P.C.
212 South Marshall
Henderson, Texas 75624
Andrew Jubinsky
Ryan McComber
FIGARI &DAVENPORT,LLP
Bank of America Plaza
901 Main Street, Suite 3400
Dallas, Texas 75202
/s/D, Cr~ai~- B~^inkeN
D. Craig Brinker
2153341v,1