Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/23/2015 4:06:14 PM JEFFREY D. KYLE Clerk NO. 03-15-00348-CV THIRD COURT OF APPEALS 7/23/2015 4:06:14 PM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00348-CV *1 ACCEPTED [6201981] CLERK _______________________________________________
IN THE COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS
AUSTIN, TEXAS _______________________________________________
TODD ENRIGHT, Appellant, v.
ASCLEPIUS PANACEA, LLC; ASCLEPIUS PANACEA GP, LLC; DAILY
PHARMACY, LLC; DAILY PHARMACY GP, LLC; AND TOTH ENTERPRISES
II, P.A. D/B/A VICTORY MEDICAL CENTER,
Appellees . UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE APPELLEES’ BRIEF TO THE HONORABLE COURT OF APPEALS:
Appellees Asclepius Panacea, LLC, Asclepius Panacea GP, LLC, Daily Pharmacy,
LLC, Daily Pharmacy GP, LLC, and Toth Enterprises II, P.A., d/b/a Victory Medical
Center (“Appellees”) move this Court to grant an extension of time to file their
Appellees’ Brief, and respectfully state:
1. Appellees’ Brief is due to be filed with this Court on Monday, August 10,
2015.
2. Appellees seek to extend their deadline for fourteen (14) days, until August
24, 2015.
3. Appellees’ attorneys have numerous impending deadlines and
commitments in other cases that have interfered with their ability to prepare an adequate
Brief by the current deadline in this case. Therefore, Appellees seek this extension of
their briefing deadline in order to ensure that their counsel has the opportunity to properly
research and brief the issues to be included in Appellees’ Brief.
4. Counsel for Appellees has conferred with counsel for Appellant, and they
do not oppose this Motion to Extend Time.
5. This is the first extension of time Appellees have sought in this appeal.
WHEREFORE, PREMISES CONSIDERED, Appellees respectfully request that
this Court grant this Motion for Extension of Time to File Appellees’ Brief and extend
Appellees’ brief deadline to Monday, August 24, 2015. Appellees further pray for any
other relief to which they may be justly entitled.
Respectfully submitted, T AUBE S UMMERS H ARRISON T AYLOR M EINZER B ROWN LLP 100 Congress Avenue, 18th Floor Austin, Texas 78701 Telephone: 512/472-5997 Telecopier: 512/472-5248 By: /s/ Paul Matula Eric J. Taube State Bar No. 19679350 Paul Matula State Bar No. 13234354 Rola Daaboul State Bar No. 24068473 etaube@taubesummers.com pmatula@taubesummers.com rdaaboul@taubesummers.com ATTORNEYS FOR APPELLEES CERTIFICATE OF CONFERENCE
Rola Daaboul, counsel for Appellees and an associate with my firm, conferred
with Jonah Jackson, counsel for Appellant, via email on July 22, 2015, who stated that he
was not opposed to a fourteen (14) day extension of time for the filing of Appellee’s
Brief.
/s/ Paul Matula Paul Matula *4 CERTIFICATE OF SERVICE The undersigned certifies that on the 23 rd day of July 2015, a true and correct copy
of this Unopposed Motion for Extension of Time to File Appellees’ Brief was served on
the following attorneys in accordance with the requirements of the Texas Rules of
Appellate Procedure via electronic filing or email.
Jonah Davis Jackson
Jennifer B. Poppe
Vinson & Elkins, LLP
2801 Via Fortuna, Suite 100
Austin, Texas 78746-7588
jpoppe@velaw.com
jjackson@velaw.com
Thomas S. Leatherbury
Vinson & Elkins, LLP
2001 Ross Avenue, Suite 3700
Dallas, Texas 75201
tleatherbury@velaw.com
/s/ Paul Matula Paul Matula