ACCEPTED
03-15-00025-CV
7356590
THIRD COURT OF APPEALS
AUSTIN, TEXAS
10/13/2015 3:47:20 PM
JEFFREY D. KYLE
No. 03-15-00025-CV CLERK
=============================================
IN THE COURT OF APPEALS FILED IN
3rd COURT OF APPEALS
FOR THE THIRD DISTRICT AUSTIN, TEXAS
10/13/2015 3:47:20 PM
AUSTIN, TEXAS
JEFFREY D. KYLE
Clerk
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APPELLANTS/CROSS-APPELLEES LAKEWAY REGIONAL MEDICAL
CENTER, LLC AND SURGICAL DEVELOPMENT PARTNERS, LLC,
v.
APPELLEES LAKE TRAVIS TRANSITIONAL LTCH, BRENNAN,
MANNA &DIAMOND, LLC AND FRANK T. SOSSI
=============================================
APPELLEES BRENNAN, MANNA & DIAMOND, LLC,
AND FRANK T. SOSSI'S
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE THEIR APPELLEES' BRIEF
=============================================
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellees
Brennan, Manna & Diamond, LLC, and Frank T. Sossi's ("Attorney Appellees") timely
file this Unopposed Motion to Extend Time to File Their Opening Brief.
All Appellees' briefs are currently due on October 21, 2015. The Attorney
Appellees seek an extension of time to file their brief to November 20, 2015. The
Attorney Appellees are informed and believe that their co-Appellees and the Appellant in
this appeal are contemporaneously filing similar motions seeking an extension to file
their briefs on November 20, 2015, so that all briefs will be due on the same date.
APPELLEES BRENNAN, MANNA & DIAMOND, LLC, AND FRANK T. SOSSI'S
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S BRIEF PAGE | 1
This is the Attorney Appellees' first request for an extension of time to file their
brief.
I. BACKGROUND.
1. This case is on appeal from the 345th Judicial District Court of Travis
County, Texas.
2. The case below was styled Lake Travis Transitional LTCH, LLC n/k/a Lake
Travis Specialty Hospital, L.L.C. v. Lakeway Regional Medical Center, LLC, Surgical
Development Partners, LLC, Brennan, Manna & Diamond, LLC, Brennan, Manna &
Diamond, P.L., and Frank T. Sossi and numbered D-1-GN-12-000983.
3. The trial court entered summary judgment in favor of the Attorney
Appellees in an order entered on July 17, 2014.
4. On January 12, 2015, following the disposition of post-trial motions,
Appellants/Cross-Appellees filed a notice of appeal.
5. On January 13, 2015, Appellee Lake Travis Transitional LTCH, LLC n/k/a
Lake Travis Specialty Hospital, L.L.C (“LTT”) filed its notice of appeal.
6. The extensive clerk’s record, over 13,300 pages was filed on June 16, 2015.
(A supplemental clerk’s record was filed on May 21 and a second supplemental clerk’s
record was filed on June 18.) Since then, various parties to this appeal, including the
Attorney Appellees, have noticed certain omissions from the record and requested that
the clerk supplement the record, resulting in additional supplementations.
7. The extensive reporter’s record was filed on June 23, 2015. A supplemental
court reporter’s record was filed on June 30, 2015.
APPELLEES BRENNAN, MANNA & DIAMOND, LLC, AND FRANK T. SOSSI'S
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S BRIEF PAGE | 2
II. REASONS FOR REQUESTED EXTENSION.
8. The clerk's and recorder's records in this appeal are very large and complex
and, owing to the multiple supplementations, challenging to navigate.
9. The legal issues relating to the disposition of this case against the Attorney
Appellees presents novel and complex issues of Texas law.
10. Until the last few days, counsel for Attorney Appellees assigned to the
preparation of their brief has been employed full-time in the preparation of filings in
support of a dispositive motion in a class action pending in the United States District
Court for the Northern District of Texas, Fort Worth Division, Brown, et al. v. Texas
A&M University School of Law (No. 4:15-CV-613).
11. The other parties to this appeal have advised counsel that they intend to
seek an extension to November 20, and it is desirable for all briefs to be filed on the same
date for the convenience of Court and parties.
12. This request is not sought for delay only but so that justice may be done.
III. PRAYER FOR RELIEF.
For the foregoing reasons, Appellees Brennan, Manna & Diamond, LLC, and
Frank T. Sossi respectfully request that this Court grant their First Unopposed Motion
for Extension of Time to File Their Appellees' Brief, and extend the deadline to
November 20, 2015.
APPELLEES BRENNAN, MANNA & DIAMOND, LLC, AND FRANK T. SOSSI'S
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S BRIEF PAGE | 3
DATED: October 13, 2015
Respectfully submitted,
GORDON & REES, LLP
By: /s/ Ryan A. Fellman
Robert A. Bragalone
bbragalone@gordonrees.com
Texas Bar No. 02855850
Ryan A. Fellman
rfellman@gordonrees.com
Texas Bar No. 24072544
GORDON & REES LLP
2100 Ross Avenue
Suite 2800
Dallas, Texas 75201
Phone: (214) 231-4660
Fax: (214) 461-4053
ATTORNEYS FOR APPELLEES BRENNAN,
MANNA & DIAMOND, LLP, AND
FRANK T. SOSSI [the Attorney Appellees]
CERTIFICATE OF CONFERENCE
I certify that counsel for the Attorney Appellees has consulted with Jane Webre
and Joy Soloway, counsel (respectively) for all other parties in this appeal, and that they
are not opposed to this motion.
By: /s/ Ryan A. Fellman
APPELLEES BRENNAN, MANNA & DIAMOND, LLC, AND FRANK T. SOSSI'S
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S BRIEF PAGE | 4
CERTIFICATE OF SERVICE
I hereby certify that on the 13th day of October, 2015, the foregoing motion was
served by electronic service and/or email upon the following counsel of record:
S. Abraham Kuczaj III, Esq.
akuczaj@scottdoug.com
Paige A. Amstutz, Esq.
pamstutz@scottdoug.com
Steven J. Wingard, Esq.
swingard@scottdoug.com
Jane Webre, Esq.
jwebre@scottdoug.com
SCOTT, DOUGLASS &MCCONNICO, LLP
303 Colorado, Suite 2400
Austin, TX 78701
Counsel for Appellee/Cross-Appellant Lake
Travis Transitional LTCH, LLC
Jeff Cody, Esq. Jessica Z. Barger, Esq.
jeff.cody@nortonrosefulbright.com barger@wrightclose.com
Barton Wayne Cox, Esq. Raffi Melkonian, Esq.
beau.cox@nortonrosefulbright.com melkonian@wrightclose.com
James V. Leito IV, Esq. WRIGHT & CLOSE, LLP
james.leito@nortonrosefulbright.com
One Riverway, Suite 2200
NORTON ROSE FULBRIGHT US LLP
2200 Ross Avenue, Suite 3600 Houston, TX 77056
Dallas, TX 75201-2784
Counsel for Appellant/Cross-Appellee
Joy M. Soloway, Esq. Surgical Development Partners, LLC
joy.soloway@nortonrosefulbright.com
NORTON ROSE FULBRIGHT US LLP
1301 McKinney, Suite 5100
Houston, TX 77010-3095
Counsel for Appellants/Cross-Appellees
Lakeway Regional Medical Center, LLC and
Surgical Development Partners, LLC
By: /s/ Ryan A. Fellman
APPELLEES BRENNAN, MANNA & DIAMOND, LLC, AND FRANK T. SOSSI'S
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S BRIEF PAGE | 5
Lakeway Regional Medical Center, LLC and Surgical Development Partners, LLC// Lake Travis Transitional LTCH, LLC N/K/A Lake Travis Specialty Hospital, LLC v. Lake Travis Transitional LTCH, LLC N/K/A Lake Travis Specialty Hospital, LLC// Lakeway Regional Medical Center, LLC Surgical Development Partners, LLC Brennan, Manna, & Diamond, LLC And Frank T. Sossi
Combined Opinion