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 of Appellate 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

 FILED IN 6th 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 brief to 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 of his brief to

November 9, 2015. Subsequently, Appellant filed his brief, and the Court set the

deadline for Appellees' brief to 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 of Richard 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 of Tarrant 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 Ascendant Anesthesia Fo~^t WoNth,

PLLC v. Aa~~on ShiNaz, M.D. and Trinity Anesthesia P~~ofessionals,

2153341 v.1
PLLC, pending in the 153rd Judicial District Court of Tarrant 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 of Plaintiff s and Defendants'

experts in Cause No. 153-280253-15, Status Anesthesia Associates

Forth WoNth PLLC f/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 of Tarrant 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 Brief and is not sought for the purposes of delay.

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 Brief 9 days until December 18, 2015.

2153341v.1
Respectfully 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 relief requested 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 of this

motion was served electronically on the following counsel of record in accordance

with the Texas Rules of Appellate Procedure:

2153341 v. ]
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 of America Plaza

901 Main Street, Suite 3400

Dallas, Texas 75202

/s/ D, Cr~ai~- B~^inkeN

D. Craig Brinker

2153341v,1