ACCEPTED
03-14-00717-CV
4103451
THIRD COURT OF APPEALS
AUSTIN, TEXAS
2/11/2015 10:18:13 AM
JEFFREY D. KYLE
CLERK
NO. 03-14-00717-CV
FILED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE AUSTIN, TEXAS
THIRD DISTRICT OF TEXAS 2/11/2015 10:18:13 AM
JEFFREY D. KYLE
Clerk
VIVEK GOSWAMI, M.D. AND AUSTIN HEART, PLLC
Appellants
v.
NANCY JO RODRIGUEZ
Appellee
ON APPEAL FROM THE 419TH JUDICIAL DISTRICT COURT
TRAVIS COUNTY, TEXAS
UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANTS’ REPLY BRIEF
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5 and 38.6, Appellants
Vivek Goswami, M.D. and Austin Heart, PLLC (“Appellants”) file this Unopposed
Motion for Extension of Time to File Appellants’ Reply Brief, and in support
thereof, Appellants would respectfully show the Court the following:
I.
The deadline for Appellants to file their Reply to Appellee’s Brief is
February 16, 2015. Appellants request a fourteen (14) day extension to file their
Reply Brief, which would extend the deadline to March 2, 2015. This is
Appellants’ first request for an extension in this appeal.
II.
A reasonable explanation for an extension exists. Due to time restraints
associated with counsel for Appellants’ heavy schedule of litigation and appeals,
Appellants require more time to prepare a reply brief that will be helpful to the
Court in considering this matter. Specifically, Appellants’ counsel has a deadline to
file a petition for review with the Supreme Court on February 20, 2015 in Hansen
v. Jackson currently before the Thirteenth Court of Appeals, and a hearing on
dispositive motions set for February 13, 2015 in Harris County, Texas in the
Carrion v. Spring Branch Medical Center, et al., No. 2014-46824, matter. This
extension of time is not sought for delay and no party will be prejudiced if it is
granted.
III.
The undersigned counsel has conferred with opposing counsel who indicated
he is unopposed to the requested extension.
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For these reasons, Appellants respectfully request that the Court grant this
Unopposed Motion for Extension of Time to File Appellants’ Reply Brief and
enter an order extending Appellants’ deadline to file their Reply Brief to March 2,
2015.
Respectfully submitted,
SERPE, JONES, ANDREWS,
CALLENDER & BELL, PLLC
By: /s/ Chris Knudsen
Chris Knudsen
Texas Bar No. 24041268
America Tower
2929 Allen Parkway, Suite 1600
Houston, Texas 77019
Telephone: (713) 452-4400
Facsimile: (713) 452-4499
Email: cknudsen@serpejones.com
Attorneys for Appellants Vivek Goswami,
M.D. and Austin Heart, PLLC
Certificate of Conference
I hereby certify that, on February 11, 2015, I conferred with counsel for
Appellee regarding this Motion to Extend, and he is unopposed to the motion.
/s/ Chris Knudsen
Chris Knudsen
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Certificate of Service
I hereby certify that a true and correct copy of the above and foregoing
instrument has been forwarded to the following counsel of record in accordance
with the Texas Rules of Appellate Procedure on this the 11th day of January, 2015.
L. Todd Kelly
THE CARLSON LAW FIRM, P.C.
11606 N IH-35
Austin, Texas 78753
Counsel for Plaintiff/Appellee
/s/ Chris Knudsen
Chris Knudsen
563196v1
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