Frankie Marie Miller, Individually and as Representative of the Estate of T.J. Miller v. John B. Mullen, M.D., and Titus Regional Medical Center

ACCEPTED
06-15-00059-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
12/31/2015 4:40:46 PM
DEBBIE AUTREY
CLERK

Cause No. 06-15-00059-CV

IN THE COURT OF APPEALS FOR THE FILED IN
6th COURT OF APPEALS
SIXTH DISTRICT OF TEXAS TEXARKANA, TEXAS
TEXARKANA, TEXAS 12/31/2015 4:40:46 PM
DEBBIE AUTREY
Frankie Marie Miller, individually and as Personal Clerk
Representative of the Estate of T.J. Miller,
Appellant,

v.

Janie Mullen, as Personal Representative of the
Estate of John B. Mullen, M.D.,
Appellee.

Appealed from the 76th Judicial District Court of Titus County, Texas

MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF

Appellee, Janie Mullen, as Personal Representative of the Estate of John B.

Mullen, M.D. asks this Court to extend the time to file Appellee’s Brief.

A. INTRODUCTION

Appellee respectfully moves this Court, pursuant to Rule 38.6(d) of the

Texas Rules of Appellate Procedure, to extend the deadline for Appellee to file her

Brief for thirty (30) days, based on the good cause provided below. In support of

this Motion, Appellee respectfully shows:

1. Appellant filed her Brief on December 2, 2015.

2. The deadline for Appellee to file her Brief is January 4, 2016.

498264.1/405.0129
 3. Appellee respectfully requests a thirty (30) day extension of time to

file her Brief until February 3, 2016.

4. This is Appellee’s first request for an extension of time to file her

Brief.

5. Throughout the month of December, counsel for Appellee has been

preparing for an upcoming trial and traveling extensively taking and

defending depositions in other matters. Counsel has also faced

numerous unavoidable scheduling conflicts due to the holiday season.

6. Counsel for Appellee attempted to confer with counsel for Appellant

regarding the merits of this Motion, but was unable to reach counsel

for Appellants due to the holidays. Therefore, it is unknown whether

Appellant opposes the requested extension of thirty (30) days.

7. Appellee respectfully asserts that her request for an extension of time

is reasonable under the circumstances detailed above and will not

cause unreasonable delay. Appellee requests this extension in the

interests of justice and judicial economy, not for purposes of delay or

because of any intentional or deliberate failure by Appellee or their

counsel to comply with the appellate rules.

498264.1/405.0129 2
 C. PRAYER

8. For these reasons, Appellee respectfully requests that this Court grant

an extension to file Appellee’s Brief until February 3, 2016.

Respectfully submitted,

/s/ Jennifer G. Martin
RUSSELL W. SCHELL
State Bar No. 17736800
Email: rschell@schellcooley.com
JENNIFER G. MARTIN
State Bar No. 00794233
Email: jmartin@schellcooley.com
STEPHANI R. JOHNSON
State Bar No. 00794034
Email: sjohnson@schellcooley.com
JENNIFER L. MURPHY
State Bar No. 24027560
Email: jlmurphy@schellcooley.com

SCHELL COOLEY LLP
15455 Dallas Parkway, Suite 550
Addison, Texas 75001
(214) 665-2000
(214) 754-0060 FAX

ATTORNEYS FOR APPELLEE
JANIE MULLEN, AS PERSONAL
REPRESENTATIVE OF THE ESTATE
OF JOHN B. MULLEN, M.D.

498264.1/405.0129 3
 CERTIFICATE OF CONFERENCE

The undersigned certifies that she attempted to confer with Charles “Chad”
Baruch (“Mr. Baruch”), counsel for Appellants, but was unable to reach Mr.
Baruch due to the holidays. Therefore, it is unknown whether Mr. Baruch opposes
the relief sought by this motion.

/s/ Jennifer G. Martin
JENNIFER G. MARTIN

CERTIFICATE OF SERVICE

I hereby certify that the above and foregoing document was forwarded
electronically to all counsel of record in the manner set forth below on this 31st day
of December, 2015.

/s/ Jennifer G. Martin
JENNIFER G. MARTIN

498264.1/405.0129 4