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

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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 ============================================= 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