No. 03-15-00348-CV

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COURT OF APPEALS THIRD JUDICIAL DISTRICT OF TEXAS

AUSTIN, TEXAS

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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

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______________________________________ 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

CLERK2

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 his3

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 Enright4 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 Jackson5 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