No. 01-13-00963-CV

IN THE FIRST COURT OF APPEALS

HOUSTON, TEXAS

MEDICAL DISCOUNT PHARMACY, L.P., 

LIFECHEK ROSENBERG GP, INC., LIFECHEK, INC., AND 

BRUCE V. GINGRICH, INDIVIDUALLY,

Appellants 

v. 

STATE OF TEXAS,

Appellee

On Appeal from 

Cause No. 12-DCV-196841

In the 434th District Court of Fort Bend County, Texas 

APPELLANTS’ MOTION FOR A 14-DAY EXTENSION OF TIME

TO FILE MOTION FOR REHEARING

Levon G. Hovnatanian

State Bar No. 10059825

hovnatanian@mdjwlaw.com

Bruce E. Ramage

State Bar No. 16492500

ramage@mdjwlaw.com

MARTIN, DISIERE,JEFFERSON & WISDOM, L.L.P.

808 Travis, 20th Floor

Houston, Texas 77002

(713) 632-1700 – Phone

(713) 222-0101 – Facsimile

ACCEPTED

01-13-00963-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

8/21/2015 5:08:20 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 8/21/2015 5:08:20 PM CHRISTOPHER A. PRINE Clerk
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TO THE HONORABLE COURT OF APPEALS:

Come now the appellants—Medical Discount Pharmacy, L.P., Lifechek 

Rosenberg GP, Inc., Lifechek, Inc., and Bruce V. Gingrich, Individually

(collectively, “Appellants”)—and respectfully move for a 14-day extension of time 

to file their motion for rehearing. Appellants have requested and received one 

previous extension of time (30 days) to file their motion for rehearing.

The current deadline for Appellants to file their motion for rehearing is 

Friday, August 21, 2015. This motion is e-filed on Friday, August 21, 2015, and is 

therefore timely filed. See Tex. R. App. P. 49.8. 

The facts reasonably relied upon to explain the need for an extension of time

are as follows. Levon G. Hovnatanian, Appellants’ appellate counsel, has been 

extremely busy with other pressing matters, including:

1. Mr. Hovnatanian’s father’s wife’s father, who lived in Simpson, 

Louisiana, passed away a few days ago. That has necessitated Mr. Hovnatanian 

making several trips. 

2. Mr. Hovnatanian is preparing for oral argument on behalf of the 

respondent, Liberty Insurance Corporation, in Cause No. 14-0753, U.S. Metals, 

Incorporated v. Liberty Mutual Group, Incorporated d/b/a Liberty Insurance 

Corporation, scheduled for September 2, 2015, in the Supreme Court of Texas.
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3. Mr. Hovnatanian is preparing the Brief of Appellee BNSF Railway 

Company, in Cause No. 05-14-01575-CV; William T. Dickson, Appellant v. BNSF 

Railway Company and Fellers Snider Blankenship Bailey & Tippens, P.C.; due on 

August 21, 2015; in the Dallas Court of Appeals.

4. Mr. Hovnatanian is preparing the brief of appellee Integrity Insurance 

Solutions, in Cause No. 14-15-00042-CV; Benson Scott Wyly v. Essex Insurance 

Company, U.S. Risk, Inc., and Integrity Insurance Solutions; due on August 31, 

2015; in the Fourteenth Court of Appeals.

Considering the above, Appellants respectfully move the Court for an 

extension of time of 14 days to file their motion for rehearing, that is, to and 

including Friday, September 4, 2015.
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Respectfully submitted,

MARTIN, DISIERE,JEFFERSON & WISDOM, L.L.P.

By: /s/ Levon G. Hovnatanian

Levon G. Hovnatanian

State Bar No. 10059825

hovnatanian@mdjwlaw.com

Bruce E. Ramage

State Bar No. 16492500

ramage@mdjwlaw.com

808 Travis, 20th Floor

Houston, Texas 77002

(713) 632-1700 – Telephone 

(713) 222-0101 – Facsimile 

ATTORNEYS FOR APPELLANTS MEDICAL 

DISCOUNT PHARMACY, L.P., LIFECHEK 

ROSENBERG GP, INC., LIFECHEK, INC., 

AND BRUCE V. GINGRICH, INDIVIDUALLY 

CERTIFICATE OF CONFERENCE

This is to certify that on August 21, 2015, the undersigned attempted to 

confer with Ms. Rosemarie M. Donnelly, lead appellate counsel for appellee the 

State of Texas, regarding whether she opposes this motion, but was unable to reach 

her. 

/s/ Levon G. Hovnatanian

Levon G. Hovnatanian

CERTIFICATE OF COMPLIANCE

This is to certify that this computer-generated motion for a 14-day extension 

of time to file motion for rehearing contains 311 words.

/s/ Levon G. Hovnatanian

Levon G. Hovnatanian

Dated: August 21, 2015
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CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing 

motion has been forwarded to all counsel listed below on this 21st day of August, 

2015, by the methods indicated below:

Ms. Rosemarie M. Donnelly

OFFICE OF THE ATTORNEY GENERAL

Consumer Protection and Public Health Division

808 Travis, Suite 1520

Houston, TX 77002

rosemarie.donnelly@texasattorneygeneral.gov

(Attorneys for appellee the State of Texas)

(via e-filing and e-mail )

/s/ Levon G. Hovnatanian

Levon G. Hovnatanian