Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 10/14/2015 9:36:45 AM JEFFREY D. KYLE Clerk No. 03-15-00025-CV THIRD COURT OF APPEALS 10/14/2015 9:36:45 AM JEFFREY D. KYLE AUSTIN, TEXAS 03-15-00025-CV *1 ACCEPTED [7364377] CLERK _____________________________________________
IN THE COURT OF APPEALS THIRD DISTRICT OF TEXAS AUSTIN, TEXAS ______________________________________________
APPELLANTS, LAKEWAY REGIONAL MEDICAL CENTER, LLC AND
SURGICAL DEVELOPMENT PARTNERS, LLC// CROSS-APPELLANT,
LAKE TRAVIS TRANSITIONAL LTCH, LLC N/K/A LAKE TRAVIS
SPECIALTY HOSPITAL, LLC v.
APPELLEES, LAKE TRAVIS TRANSITIONAL LTCH, LLC N/K/A LAKE
TRAVIS SPECIALTY HOSPITAL, LLC// CROSS-APPELLEES, LAKEWAY
REGIONAL MEDICAL CENTER, LLC, SURGICAL DEVELOPMENT
PARTNERS, LLC, BRENNAN, MANNA, & DIAMOND, LLC
AND FRANK T. SOSSI ______________________________________________
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE BRIEF OF APPELLEE
______________________________________________
TO THE HONORABLE COURT OF APPEALS:
Appellee Lake Travis Transitional LTCH, LLC n/k/a Lake Travis Specialty
Hospital, LLC (“LTT”) files this unopposed motion for an extension of time to file
its Brief of Appellee in this appeal. Currently the brief is due on October 21, 2015.
LTT respectfully requests that this Court extend the time for filing its brief by
thirty days to Nov. 20, 2015. This is the first request for an extension of time for
this filing.
There is good cause to grant this extension. LTT seeks this extension in
order to have adequate time to analyze and brief this issues in this case. The record
in this appeal is sizeable, including a 20-volume Reporter’s Record from a jury
trial. Moreover, Cross-Appellees have moved for a thirty day extension of time to
file their brief; it makes sense to keep all parties on a parallel briefing schedule. In
addition, on Oct. 2, 2015, the Fifth Circuit accepted an interlocutory appeal in
which LTT’s appellate counsel, Jane Webre, is lead appellate counsel. That order
triggered an accelerated briefing schedule under which Ms. Webre had to prepare
and file her client’s opening brief by Oct. 13, 2015.
This motion is unopposed.
WHEREFORE, LTT respectfully requests that this Court grant this motion,
extend the deadline to file its brief of Appellee to Nov. 20, 2015, and grant to it all
other relief to which it may be entitled.
Respectfully submitted, SCOTT DOUGLASS & MCCONNICO LLP 303 Colorado Street, 24th Floor Austin, TX 78701 (512) 495-6300 (512) 495-6399 Fax By: /s/ Jane Webre _________ S. Abraham Kuczaj, III State Bar No. 24046249 akuczaj@scottdoug.com Paige Arnette Amstutz State Bar No. 00796136 pamstutz@scottdoug.com Steven J. Wingard State Bar No. 00788694 swingard@scottdoug.com Jane Webre State Bar No. 21050060 jwebre@scottdoug.com ATTORNEYS FOR CROSS- APPELLANT/APPELLEE LAKE TRAVIS TRANSITIONAL LTCH, LLC n/k/a LAKE TRAVIS SPECIALTY HOSPITAL, LLC CERTIFICATE OF CONFERENCE
I certify that Joy Soloway and Steven Lawson, counsel for Appellants and
Cross-Appellees in this appeal, stated that they do not oppose the relief sought
through this motion.
/s/ Jane Webre Jane M.N. Webre *4 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing pleading was served on
the following counsel of record via the CM/ECF electronic noticing system and
e-mail, on October 13, 2015.
Jeff Cody
Barton Wayne Cox
N ORTON R OSE F ULBRIGHT
2200 Ross Avenue, Suite 2800
Dallas, TX 75201-2784
Joy Soloway
N ORTON R OSE F ULBRIGHT
1301 McKinney, Suite 5100
Houston, TX 77010-3095
Robert A. Bragalone
B. Ryan Fellman
G ORDON & R EES , LLP
2100 Ross Avenue, Suite 2800
Dallas, TX 75201
Jessica Z. Barger
Raffi Melkonian
Wright & Close, LLP
One Riverway, Suite 2200
Houston, TX 77056
/s/ Jane Webre Jane M.N. Webre