ACCEPTED
01-13-00963-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/25/2015 3:00:54 PM
CHRISTOPHER PRINE
CLERK
No. 01-13-00963-CV
IN THE FIRST COURT OF APPEALS FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS HOUSTON, TEXAS
9/25/2015 3:00:54 PM
_________________________________________________________________
CHRISTOPHER A. PRINE
Clerk
MEDICAL DISCOUNT PHARMACY, L.P., LIFECHEK ROSENBERG GP,
INC., LIFECHEK, INC., AND BRUCE V. GINGRICH, INDIVIDUALLY,
Appellants,
v.
STATE OF TEXAS,
Appellee
On Appeal from Cause No. 12-DCV-196841
In the 434th District Court of Fort Bend County, Texas
_______________________________________________________________
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
RESPONSE TO APPELLANTS’ MOTION FOR REHEARING
Rosemarie Donnelly
Assistant Attorney General
State Bar No. 05983020
Office of the Attorney General of Texas
Consumer Protection Division
808 Travis, #1520
Houston, Texas 77002
Phone: 713-225-8919
Fax: 713-223-5821
rosemarie.donnelly@texasattorneygeneral.gov
TO THE HONORABLE COURT OF APPEALS:
Appellee, the State of Texas, respectfully moves for a 21-day extension of
time to file its response to Appellants’ Motion for Rehearing. This Court issued its
opinion and judgment on July 7, 2015. Appellants filed a Motion for Rehearing on
September 4, 2015. On September 17, 2015, this Court requested that Appellee
file a response to Appellants’ Motion for Rehearing. The current deadline for the
Appellee to file its response to Appellants’ Motion for Rehearing is Thursday,
October 1, 2015. No previous extensions of time to respond to the Motion for
Rehearing have been requested by Appellee. An extension of time is needed by
Appellee for the following reasons:
1. Rosemarie Donnelly, Appellee’s lead appellate counsel, is the lead
attorney for the plaintiff in State of Texas v. PN Super Texas, Inc., et al., Cause No.
2015-54732, in the 165th Judicial District Court of Harris County, Texas. This
case was filed on September 16, 2015. A Temporary Injunction hearing has been
set for this case on September 28, 2015.
2. Rosemarie Donnelly is the lead attorney for the plaintiff in State of
Texas v. Katz Boutique 1, Inc., et al., Cause No. 2015-33890, in the 157th Judicial
District Court of Harris County, Texas. This case was filed on June 12, 2015, and
the parties are currently conducting discovery. The defendants in this case filed an
interlocutory appeal on September, 18, 2015.
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3. Rosemarie Donnelly is the lead attorney for the plaintiff in State of
Texas v. 2709 Broadway, Inc., et al., Cause No. 2015-49862, in the 151st Judicial
District Court of Harris County, Texas. This case was filed on August 26, 2015,
and the parties are currently conducting discovery.
4. Rosemarie Donnelly is also the Managing Attorney for the Houston
regional office of the Consumer Protection Division of the Office of Attorney
General of Texas. In her capacity as Managing Attorney, a considerable amount of
her time is assisting other attorneys in the office with their cases.
For the foregoing reasons, Appellee respectfully moves for an extension of
time of 21 days to file Appellee’s Response to Appellants’ Motion for Rehearing to
October 22, 2015.
Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil
Litigation
TOMMY PRUD’HOMME
Chief, Consumer Protection Division
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/s/ Rosemarie Donnelly
Rosemarie Donnelly
Assistant Attorney General
State Bar No. 05983020
Consumer Protection Division
808 Travis, Suite 1520
Houston, Texas 77002
Telephone (713) 225-8919
Facsimile (713) 223-5821
rosemarie.donnelly@texasattorneygeneral.gov
ATTORNEYS FOR APPELLEE,
THE STATE OF TEXAS
CERTIFICATE OF CONFERENCE
I certify that, on September 25, 2015, the undersigned conferred with Levon
Hovnatanian, Appellants’ counsel, regarding the foregoing Motion and Mr.
Hovnatanian indicated that Appellants were not opposed.
/s/ Rosemarie Donnelly
Rosemarie Donnelly
CERTIFICATE OF COMPLIANCE
I certify that this document was produced on a computer using Microsoft
Word and contains 361 words, as determined by the computer software’s word-count
function, excluding the sections of the document listed in Texas Rule of Appellate
Procedure 9.4(i)(1).
/s/ Rosemarie Donnelly
Rosemarie Donnelly
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CERTIFICATE OF SERVICE
I certify that, on September 25, 2015, a true and correct copy of this
Unopposed Motion for Extension of Time to File Response to Appellants’ Motion
for Rehearing was served on the following:
Bruce E. Ramage – via email and e-filing
Levon G. Hovnatanian – via email and e-filing
Martin, Disiere, Jefferson & Wisdom, L.L.P
808 Travis, #1800
Houston, Texas 77002
Attorneys for Appellants Medical Discount Pharmacy, L.P., LifeChek Rosenberg
GP, Inc., LifeChek, Inc., and Bruce V. Gingrich, Individually
/s/ Rosemarie Donnelly
Rosemarie Donnelly
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