Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/23/2015 1:40:05 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00774-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 9/23/2015 1:40:05 PM CHRISTOPHER PRINE CLERK No. 01-15-00774-CV ___________________________________________________________________________________
IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS _______________________________________________________
IN RE PATTI J. WAGNER, AS GUARDIAN OF JENNY WAGNER,
AN INCAPACITATED ADULT, Relator.
________________________________________________________
Original Proceeding from the 269th District Court, Harris County, Texas, Trial Court Cause No. 2009-40925 Honorable Dan Hinde, Presiding _____________________________________________________________
MOTION FOR EXTENSION OF TIME TO FILE A RESPONSE TO
PETITION FOR WRIT OF MANDAMUS _____________________________________________________________ Michael Hudgins (00787731) Nicole James Petrelli (24035568) T HE H UDGINS L AW F IRM A P ROFESSIONAL C ORPORATION 24 Greenway Plaza, Suite 2000 Telephone: (713) 623-2550 Facsimile: (713) 623-2793 C OUNSEL FOR R EAL P ARTY I N I NTEREST A NTHONIA U DUMA ___________________________________________________________________________________
TO THE HONORABLE JUDGES OF THE FIRST COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 52, Real Party in
Interest, Anthonia Uduma (“Uduma”), respectfully files this first unopposed Motion for
Extension of Time to file her Response to Petition for Writ of Mandamus.
A. PROCEDURAL BACKGROUND 1. The trial court entered a judgment on the jury’s verdict in January 2012.
2 On March 27, 2013, the trial court vacated the Final Judgment and granted
a new trial.
3. Prior to the second trial, on August 24, 2012, Uduma filed an interlocutory
appeal.
4. This Court denied Uduma’s interlocutory appeal on August 24, 2014.
5. Uduma filed a petition for review with Texas Supreme Court, which was
ultimately denied.
6. On September 4, 2015, this Court issued its Mandate terminating the
interlocutory appeal.
7. On September 8, 2015, Patti J. Wagner as Guardian of Jenny Wagner, an
Incapacitated Adult, filed her Petition for Writ of Mandamus with the First Court of
Appeals.
B. BASIS FOR EXTENSION 8. Uduma requests a thirty (30) day extension of time to file her response to
petition for writ of mandamus in this case; that is, until Wednesday, November 4, 2015.
Uduma requires additional time to prepare the response because, among other continuing
matters, Nicole James Petrelli and Michael D. Hudgins, counsel for Uduma, have been
involved in the following matters:
a. Mr. Hudgins was out of the office from September 6-11, 2015 on vacation;
b. Ms. Petrelli traveled to Corpus Christi, Texas to attend a deposition in Cause No. 2014-CCV-61024-1; Christina Rivera, Erica Brambila, Paula Jennings
Daniel Rivera, Luis Rivera, Jr., Amelia Rivera Fuentes, and Amalia Cavazos,
Individually and as Personal Representatives of the Estate of Luis Rivera Deceased v.
AirSep Corporation, Carestat, L.L.C., American HomePatient, Inc. and American
HomePatient of Texas, L.P. ; In the County Court at Law No. 1 of Nueces County, Texas
on September 17, 2015;
c. Ms. Petrelli was preparing for and attended depositions in Cause No.
2014-33026; Kyle Barrow v. Richard F. Ford, Individually and d/b/a Brookside
Inspection Services, In the 133 rd Judicial District Court of Harris County, Texas on
September 22, 2015; and
d. Ms. Petrelli is preparing and retaining expert witnesses in Cause No.
2015-CI-01973; Veronica Garcia, Individually, and as Next Friend of Ashly Garcia, a
Minor and Vincent Fierros, Jr., a Minor and Alexandra Garcia v. Christus Santa Rosa
Health Care Corporation, et al; In the 166th Judicial District Court of Bexar County,
Texas, which are due on October 30, 2015.
9. This motion is unopposed.
C. CONCLUSION AND PRAYER For these reasons, Real Party in Interest Anthonia Uduma requests that this Court
grant this motion for extension of time to file a Response to Petition for Writ of Mandamus,
which will now make the deadline Wednesday, November 4, 2015.
Respectfully submitted, T HE H UDGINS L AW F IRM A P ROFESSIONAL C ORPORATION By: /s/ Nicole James Petrelli Michael D. Hudgins State Bar Number 000787731 mhudgins@hudgins-law.com Nicole James Petrelli State Bar Number 24035568 npetrelli@hudgins-law.com 24 Greenway Plaza, Suite 2000 Telephone (713) 623-2550 Facsimile (713) 623-2793 C OUNSEL FOR R EAL P ARTY IN I NTEREST A NTHONIA U DUMA CERTIFICATE OF CONFERENCE I hereby certify that I conferred with counsel for Relator, Russell S. Post, and he is
unopposed to the filing of this motion.
/s/ Nicole James Petrelli Nicole James Petrelli *6 CERTIFICATE OF SERVICE Pursuant to Rule 9.5 of the Texas Rules of Appellate Procedure, I hereby certify
that a true and correct copy of the foregoing Motion for Extension of Time to File a
Response to Petition for Writ of Mandamus was served on the following:
L. Lee Thweatt
isweat@terrythweatt.com
Jospeh D. Terry
jterry@terrythweatt.com
Terry & Thweatt, P.C.
One Greenway Plaza, Suite 100
Houston, Texas 77046
Telephone (713) 600-4710
Facsimile (713) 600-4706
Counsel for Relator
Russell S. Post
rpost@beckredden.com
Constance H. Pfeiffer
cpfeiffer@beckredden.com
William Peterson
wpeterson@beckredden.com
Parth S. Gejji
Pgejji@beckredden.com
Beck, Redden & Secrest
1221 McKinney, Suite 4500
Telephone (713) 951-3700
Facsimile (713) 951-3720
Counsel for Relator
via electronic service on this 23rd day of September 2015.
/s/ Nicole James Petrelli Nicole James Petrelli