No. 03-15-00348-CV

______________________________________

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 THE REPLY BRIEF OF

APPELLANT TODD ENRIGHT

______________________________________

On Appeal from the 98th Judicial District Court

of Travis County, Texas

Trial Court No. D-1-GN-14-004689

Hon. Gisela D. Triana of the 200th Judicial District Court, Presiding

__________________________________

TO THE HONORABLE COURT OF APPEALS:

Appellant Todd Enright files this Unopposed Motion for Extension of Time

to File the Reply Brief of Appellant, and would show the Court as follows:

1. In accordance with the rules concerning an interlocutory appeal,

Enright’s reply brief is due to be filed with this Court on Monday, September 14,

2015. See Tex. R. App. P. 38.6(c).

ACCEPTED

03-15-00348-CV

6720964

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/31/2015 11:30:55 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 8/31/2015 11:30:55 AM JEFFREY D. KYLE Clerk
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2. Pursuant to Texas Rules of Appellate Procedure 10.5(b)(1) and

38.6(d), Enright requests a fourteen (14) day extension of time, to and including

Monday, September 28, 2015, to file his reply brief.

3. This is the first motion for extension of time pertaining to Appellant’s

reply brief filed by Enright. On June 25, 2015, the Court granted Enright a

fourteen (14) day extension to file his opening brief, and on July 24, the Court

granted a fourteen (14) day extension to appellees to file their response brief.

4. As grounds for this extension, Enright requires additional time

because his lead counsel, Jennifer Poppe, has several other deadlines and

commitments during this period, including:

 a motion to dismiss filed on August 28, 2015, in In re Conn’s

Securities Litigation, No. 4:14-cv-00548 (KPE), in the

Southern District of Texas;

 an ongoing internal investigation that will require several days of

witness interviews outside of the country, currently scheduled

for the weeks of September 7 and September 21; and

 ongoing discovery and pretrial work in a number of other cases.

5. Appellees do not oppose this Motion.

Wherefore, Appellant Enright prays that this Court grant this Unopposed

Motion for Extension of Time to File the Reply Brief of Appellant, extend his
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filing deadline to and including Monday, September 28, 2015, and grant any such

other relief to which he may be justly entitled.

Respectfully submitted,

/s/ Jennifer B. Poppe

Jennifer B. Poppe

State Bar No. 24007855

Jonah Jackson

State Bar No. 24071450

2801 Via Fortuna, Suite 100

Austin, Texas 78746

Telephone: (512) 542-8400

Facsimile: (512) 542-8612

jpoppe@velaw.com

jjackson@velaw.com

Attorneys for Appellant Todd Enright
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CERTIFICATE OF CONFERENCE

On August 31, 2015, I conferred with Paul Matula, Counsel for Appellees,

who stated that he was not opposed to a fourteen (14) day extension of time for the

filing of appellant’s brief.

/s/ Jonah Jackson

Jonah Jackson
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CERTIFICATE OF SERVICE

The undersigned certifies that on the 31st day of August, 2015, a true and

correct copy of this motion was served on the following attorneys in accordance

with the requirements of the Texas Rules of Appellate Procedure via electronic

filing or email.

Eric J. Taube

Paul Matula

Hohmann, Taube & Summers, LLP

100 Congress Avenue, 18th Floor

Austin, Texas 8701

erict@hts-law.com

paulm@hts-law.com

/s/ Jonah Jackson

Jonah Jackson

US 3722232v.1