Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 11/25/2015 9:40:14 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00854-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/25/2015 9:40:14 AM CHRISTOPHER PRINE CLERK No. 01-15-00854-CV
__________________________________________________________________
IN THE FIRST DISTRICT COURT OF APPEALS HOUSTON, TEXAS __________________________________________________________________
PHCC-LA HACIENDA REHABILITATION AND HEALTH CARE CENTER
LLC, Appellant v.
KEITH CRUME, Appellee
__________________________________________________________________
On appeal from the 189 th Judicial District Court, Harris County The Honorable Bill Burke Presiding Judge __________________________________________________________________
APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO
FILE BRIEF __________________________________________________________________
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellant, PHCC-La Hacienda Rehabilitation and Health Care Center
(“PHCC”), files this Unopposed Motion to Extend Time to File Brief and in
support would respectfully show as follows:
1. Appellant’s brief is currently due on November 30, 2015.
2. Appellant requests an additional fourteen (14) days to file its brief,
extending the time to December 14, 2015 .
3. This extension is needed primarily because Afton Sands, lead
appellate counsel for Appellant PHCC, has been preoccupied with other work,
which includes, in addition to other litigation commitments, (1) preparing a Motion
to Dismiss Plaintiff’s First Amended Complaint filed on November 18, 2015 in
J ohn Stephen Thorne v. Union Pacific Corporation and Union Pacific Railroad
Company ¸ Cause No, 1:15-CV-00561-RP, pending in the United States District
Court for the Western District of Texas Austin Division; (2) preparing and taking
the depositions of two key witnesses on November 19, 2015, preparing and
presenting her client for deposition on November 23, 2015, and preparing a
dispositive motion in Fairway Assisted Living, LLC, et al. v. Teravista Community
Association, Inc. , Cause No. 1:14-CV-441, pending in the United States District
Court for the Western District of Texas Austin Division due and to be filed on
December 1, 2015; and (3) preparing a Response to a Motion for New Trial in
Johnson v. PHCC-Westwood Rehabilitation & Healthcare Center, LLC , Cause No.
2014-00261 pending in the 333 rd Judicial District Court of Harris County, Texas.
4. This request is not for purpose of delay, but so that justice may be
done and this Court may be fully informed of all factual and legal information
relevant to the proper disposition of this appeal.
WHEREFORE, PREMISES CONSIDERED, Appellant requests that this
Court grant its Motion for Extension of Time to File Brief on or before December
14, 2015.
Respectfully submitted, H USCH B LACKWELL , L.L.P BY: /s/ Afton Sands A FTON S ANDS Texas Bar No. 24060555 Afton.sands@huschblackwell.com L ORINDA H OLLOWAY Texas Bar No. 00798264 Lorinda.holloway@huschblackwell.com 111 Congress Avenue, Suite 1400 Austin, Texas 78701 (512) 472-5456 (512) 479-1101 (facsimile) Attorneys for Appellant PHCC-La Hacienda Rehabilitation and Health Care Center LLC CERTIFICATE OF CONFERENCE The undersigned certifies that she has consulted with John Kahn, counsel for
Appellee, via telephone and he is unopposed to the relief requested herein.
/s/ Afton Sands A FTON S ANDS *4 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing instrument has been
served upon the following counsel of record via electronic filing and/or facsimile
on the 25th day of November, 2015:
John Joseph Kahn, Jr.
john@kahnlawyers.com
Jennifer Hodges Kahn
Jennifer@kahnlawyers.com
The Kahn Law Firm PC
9330 Broadway, Suite A-224
Pearland, TX 77584
Fax: 713-226-9901
/s/ Afton Sands Afton Sands