### No.06-15-00037-CV
IN THE COURT OF APPEALS FOR THE SIXTH DISTRICT OF TEXAS TEXARI~ANA,TEXAS
MICHAEL D.LEE, Appellant,

►•~ THE ROGERS AGENCY,C.MICHAEL RODGERS,AND NEW YORK LIFE INSURANCE COMPANY,

Appellees.
On Appeal from the 124th Judicial District Court

Gregg County,Texas Cause No,2014-0615-B
UNOPPOSED MOTION FOR EXTENSION OF TIME

TO FILE APPELLEE BRIEF
TO THE HONORABLE CO~JRT OF APPEALS: COME NOW THE ROGERS AGENCY and C. MICHAEL ROGERS (collectively "Appellees"),pursuant to Texas Rule ofAppellate Procedure 38.6(d), and file their Motion for Extension of Time to File Appellee Brief. In support of the same,Appellees would respectfully show the Court the following:

2153341v.1 ACCEPTED 06-15-00037-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/7/2015 1:16:49 PM DEBBIE AUTREY

CLERK

### 1. On August 25, 2015, the Court set September 24, 2015, as the

deadline for Appellant Michael D. Lee ("Appellant") to file his Appellant Brief. Appellant filed an unopposed motion fora 30-day extension of time to file his brief, and the Court reset the deadline for filing his briefto October 26,2015. 2. On October 26, 2015, Appellant filed his second motion for an extension of time to file his brief, this time requesting a 14-day extension of time to file his Appellant Brief. The Coul
-t reset the deadline for the filing ofhis briefto November 9, 2015. Subsequently, Appellant filed his brief, and the Court set the deadline for Appellees' briefto December 9,2015. 3. Appellees request a 9-day extension of time for filing their brief, malting their new deadline December 18, 2015. The undersigned counsel for Appellees has other commitments necessitating this extension, including but not limited to the following:

a. Prepared for and attended depositions in Cause No. 2013CI11730,Dr. Tuhin Chaudhu~i v. David ScheN, et al, pending in 407th Judicial District Court in Bexar County,Texas; b. Prepared for and took the deposition ofRichard Toussaint, Jr. in No. 153-280253-15, St~^atus Anesthesia Associates Forth Worth PLLC f/k/a Ascendant Anesthesia Fort Worth, PLLC v. Aa~^on Shiraz, M.D, and Trinity Anesthesia PNofessionals, PLLC, pending in the 153rd Judicial District Court ofTarrant County,Texas;
c. Planning for and attending the hearing on Defendants' Motion to Stay Arbitration in Cause No. 153-280253-15, Status Anesthesia Associates Forth WoNth PLLC f/k/a AscendantAnesthesia Fo~^t WoNth, PLLC v. Aa~~on ShiNaz, M.D. and Trinity Anesthesia P~~ofessionals,

2153341v.1PLLC,pending in the 153rd Judicial District Court ofTarrant County, Texas on December 4, 2015; d. Planning for and attending the deposition of Aaron Shiraz in Cause No. 153-280253-15,St~^atics Anesthesia Associates FoNth Worth PLLC f/k/a Ascendant Anesthesia Fort Wo~^th, PLLC v. Aallon Shiraz, M.D. and Trinity Anesthesia Professionals, PLLC, pending in the 153rd Judicial District Court of Tarrant County, Texas on December 9, 2015;
e. Planning for and attending depositions ofPlaintiff s and Defendants' experts in Cause No. 153-280253-15, Status Anesthesia Associates Forth WoNth PLLCf/k/a Ascendant Anesthesia FoNt WoNth, PLLC v. Aaron Shiraz, M.D. and Trinity Anesthesia P~^ofessionals, PLLC, pending in the 153rd Judicial District Count of Tarrant County, Texas on December 15 and 16, 2015; and f. Planning for and attending arbitration in Cause No. 153-280253-15, St~^atus Anesthesia Associates Forth Wo~~th PLLC f/k/a Ascendant Anesthesia Fort WoNth, PLLC v. Aa~~on ShiNaz, M,D. and TNinity Anesthesia Professionals, PLLC, pending in the 153rd Judicial District Court ofTarrant County,Texas on December 19, 2015. These and other scheduling conflicts necessitate the request for an extension. 4. Appellees therefore request that the deadline for filing their brief be extended 9 days to December 18, 2015. This is Appellees' first request for an extension on their Appellee Briefand is not sought for the purposes ofdelay. WHEREFORE, PREMISES CONSIDERED, Appellees The Rogers Agency and C. Michael Rogers respectfully request that the Court extend the time for them to file their Appellee Brief9 days until December 18, 2015.

2153341v.1Respectfully Submitted, WILSON,ELSER,MOSKOWITZ, EDELMAN &DICKER LLP By: /s/D, CNai~B~inke~ D.Craig Brinker State Bar No.03033200 craig.brinker@wilsonelser. com Lana P.Beverly State Bar No.24075377 lana.beverly@wilsonelser. com 901 Main Street, Suite 4800 Dallas,Texas 75202 (214)698-8000 (214)698-1101 (Facsimile) ATTORNEYS FOR APPELLEES THE ROGERS AGENCY AND C. MICHAEL ROGERS
CERTIFICATE OF CONFERENCE The undersigned conferred with John R, Mercy, counsel for Appellant, and Andrew Jubinsky, counsel for Appellee, New York Life Insurance Company, regarding the relief sought by this motion. Both have indicated that they are unopposed to the reliefrequested in this motion. 'D. Cram B~znkef° D.Craig Brinker
CERTIFICATE OF SERVICE I hereby certify that on December 7,2015,a true and correct copy ofthis motion was served electronically on the following counsel ofrecord in accordance with the Texas Rules ofAppellate Procedure:

2153341v.]John R.Mercy

MERCY CARTER TIDWELL,L.L.P. 1724 Galleria Oaks Drive Texarkana,Texas 75503 James A.Holmes THE LAW QFFICE OF JAMES HOLMES, P.C. 212 South Marshall Henderson,Texas 75624 Andrew Jubinsky Ryan McComber FIGARI &DAVENPORT,LLP Bank ofAmerica Plaza 901 Main Street, Suite 3400 Dallas,Texas 75202 /s/D, Cr~ai~

- B~^inkeN D.Craig Brinker

2153341v,1