Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 9/25/2015 3:00:54 PM CHRISTOPHER A. PRINE Clerk *1 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 HOUSTON, TEXAS _________________________________________________________________

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 434 th District Court of Fort Bend County, Texas

_______________________________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE

RESPONSE TO APPELLANTS’ MOTION FOR REHEARING 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 *2

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: Rosemarie Donnelly, Appellee’s lead appellate counsel, is the lead

1.

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. Rosemarie Donnelly is the lead attorney for the plaintiff in State of

2.

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. *3 Rosemarie Donnelly is the lead attorney for the plaintiff in State of

3.

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. Rosemarie Donnelly is also the Managing Attorney for the Houston

4.

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 *4 /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 *5 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