FILED
15-0019
2/23/2015 12:49:51 PM
tex-4246714
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK
NO. 15-0019
______________________________________
IN THE SUPREME COURT OF TEXAS
______________________________________
ALEXANDER R. DAVIS AND REBECCA R. DAVIS,
Petitioners,
v.
TEXAS MUTUAL INSURANCE COMPANY,
Respondent.
________________________________________________
On Appeal from the Fifth District Court of Appeals, Dallas, Texas
Appeal No. 05-12-01715-CV
Trial Court No. DC-11-06356, Dallas County, Texas
___________________________________
APPELLANTS’ SECOND UNOPPOSED MOTION
TO EXTEND TIME TO FILE PETITION FOR REVIEW
___________________________________
TO THE HONORABLE SUPREME COURT OF TEXAS:
Petitioners, Alexander R. Davis and Rebecca R. Davis, file this Second
Unopposed Motion to Extend Time to File Petition for Review under TEX. R. APP.
P. 10.1, 10.5(b), and 53.7(f). In support of this Motion, Petitioners show the
following:
1. The Court of Appeals for the Fifth District in Dallas (“Court of
Appeals”) rendered its opinion and judgment in Alexander R. Davis and Rebecca
______________________________________________________________________________
PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 1
R. Davis v. Texas Mutual Insurance Company, No. 05-12-01715-CV, on July 28,
2014.
2. On August 7, 2014, Petitioners timely filed their Motion for Extension
of Time to File Motion for Rehearing, which was granted on August 8, 2014,
extending the due date for the filing of their Motion for Rehearing to September
11, 2014. Petitioners filed their Motion for Rehearing on September 11, 2014. On
September 29, 2014, the Court of Appeals denied Petitioners’ Motion for
Rehearing.
3. On October 7, 2014, the Petitioners timely filed their Motion for
Extension of Time to File Motion for Rehearing En Banc, which was granted on
October 9, 2014, extending the due date for the filing of their Motion for Extension
of Time to File Motion for Rehearing En Banc to November 13, 2014. Petitioners
filed their Motion for Rehearing En Banc on November 13, 2014. On December 8,
2014, the Court of Appeals denied Petitioners’ Motion for Rehearing En Banc.
4. The Petition for Review was originally due no later than January 22,
2015.
5. On January 12, 2015, Petitioners timely requested an extension of
time to February 23, 2015, which was granted by the Court to extend the deadline
to February 23, 2015.
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PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 2
6. Petitioners are requesting an additional thirty (30) day extension to
March 25, 2015. This is Petitioners’ second request for an extension of time in this
case before the Supreme Court of Texas.
7. Petitioners rely on the following facts as a reasonable explanation for
the requested extension of time:
a. Petitioner’s co-counsel, Brad McClellan, is assisting on this
petition for review. Mr. McClellan is of counsel to a very small law firm has
had an extremely heavy workload with prior deadlines and hearings
scheduled along with family and children’s activities. Among other matters,
Petitioner’s co-counsel filed an appellate brief with the 1st Court of Appeals
in Case No. 01-14-00508-CV on February 13, 2014. Counsel has a
response to a petition for review due on March 11, 2015 in Case No. 15-
0062 before this Court. Counsel also has a brief due on March 16, 2015, in
the 4th Court of Appeals in Case No. 04-14-00685-CV.
b. Further, this case involves a significant workers’ compensation
matter affecting all business travelers, and it could be impacted by this
Court’s granting of the petition in Seabright Ins. Co. v. Lopez, 427 SW3d
442 (Tex. App.--San Antonio Jan. 29, 2014, pet. granted February 20, 2015,
with oral argument set for March 26, 2015), and more time is sought to also
carefully address the impact of the Seabright v. Lopez case.
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PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 3
c. Additionally Petitioners’ counsel Christopher M. Albert and his
paralegal are iced in today due to bad weather conditions due to an ice storm
and are filing this request for an extension of time from home.
7. The undersigned has conferred with opposing counsel, Matthew B.
Baumgartner, who indicated there was no opposition to this request.
Therefore, Petitioners pray that this Court grant this Motion to Extend Time.
Respectfully Submitted,
/s/ Christopher M. Albert
Alan L. Busch
Texas Bar No. 03491600
busch@buschllp.com
Christopher M. Albert
Texas Bar No. 24008550
albert@buschllp.com
BUSCH RUOTOLO & SIMPSON, LLP
100 Crescent Court, Suite 250
Dallas, Texas 75201
Phone: 214-855-2880
Fax: 214-855-2871
- and -
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PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 4
/s/ Brad McClellan
Bradley Dean McClellan
Of Counsel, Law Offices of Richard Pena, P.C.
State Bar No. 13395980
1701 Directors Blvd., Suite 110
Austin, Texas 78744
brad.mcclellan@yahoo.com
(512) 327-6884 telephone
(512) 327-8354 facsimile
Attorneys for Alexander R. Davis
and Rebecca R. Davis, Petitioners
CERTIFICATE OF CONFERENCE
As required by TEX. R. APP. P. 10.1(a)(5), I certify that I have conferred
with Matthew Baumgartner, counsel for Respondent by e-mails on February 23,
2015, who indicated that he is unopposed to this Motion.
/s/ Christopher M. Albert
Christopher M. Albert
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing Petitioners’ Second Unopposed Motion
to Extend Time to File Petition for Review was served through counsel of record
by the method indicated below on February 23, 2015:
P.M. Schenkkan (512) 536-9913 – facsimile
Matthew B. Baumgartner
GRAVES, DOUGHERTY, HEARON & MOODY, P.C.
401 Congress Avenue, Suite 2200
Austin, Texas 78701
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PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 5
Mary Barrow Nichols (512) 224-3215 – facsimile
Shannon Simmons Pounds
Texas Mutual Insurance Company
5210 E. Hwy. 290
Austin, Texas 78723
David P. Boyce (512) 476 -5382 - facsimile
WRIGHT & GREENHILL, P.C.
221 West 6th Street, Suite 1800
Austin, Texas 78701
Attorneys for Respondent
Texas Mutual Insurance Company
/s/ Christopher M. Albert
Christopher M. Albert
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PETITIONERS’ SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE PETITION FOR REVIEW-PAGE 6