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, Appellant s

v.
STATE OF TEXAS, Appellee

On Appeal from Cause No. 12

- DCV

- 196841 In the 434 th District Court of Fort Bend County , Texas

APPELLANTS ’ MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING

Levon G. Hovnatanian State Bar No. 10059825 hovnatanian@mdjwlaw.com Bruce E. R amage State Bar No. 16492500 ramage@mdjwlaw.com M ARTIN , D ISIERE , J EFFERSON & W ISDOM , 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 7/22/2015 5:22:32 PM CHRISTOPHER PRINE

CLERK1 TO THE HONORABLE COURT OF APPEALS :

Come now the appellants

— Medical Discount Pharmacy, L.P., Lifechek

Rosenberg G P , Inc., Lifechek, Inc., a nd Bruce V. Gingrich, Individually

( collectively, “ Appellants” )

— a nd respectfully move for a 30

- day extension of time

to file their motion for rehearing

. Appellants have neither requested nor received a
previous extension of time to file their motion for rehearing.

The Court i ssued its opinion and judgment on July 7, 2015. Thus, any

motion for rehearing is due on Wednesday, July 22, 2015

. See Tex. R. App. P.

49.1. Because this motion for extension of time to file motion for rehearing is filed

on Wednesday, July 22, 2015
, i t is 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’ appella te counsel, has been

extreme ly busy with other pressing matters
, including:

1. One of Mr. Hovnatanian ’s friends recently died of cancer, leaving a husband and two small children. Mr. Hovnatanian has spent time try ing to help the family.

2

. Mr. Hovnatanian is working on the brief of appellee Integrity Insurance Solutions, due on July 31, 2015, in Cause No. 14

- 15

- 00042

- CV; Benson Scott Wyly v. Essex Insurance Company, U.S. Risk, Inc., and Integrity Insurance Solutions ; in the Fourteenth Court of Appeals

.2 3

. Mr. Hovnatanian i s preparing the Brief of Appellee BNSF Railway Company, due on July 22, 2015, in Cause No. 05

- 14

- 01575

- CV; William T. Dickson, Appellant v. BNSF Railway Company and Fellers Snider Blankenship Bailey & Tippens, P.C. ; in the Fifth Court of Appeals.

4

. Mr. Ho vnatanian prepared
, and, on July 8, 2015, submitted the Brief of Amici Curiae American Insurance Association and Property Casualty Insurers and Association of America in Cause No. 13

- 0673; Roy Seger, et al. v. Yorkshire Insurance Co., Ltd. and Ocean Marine Insurance Co., Ltd. ; in the Supreme Court of Texas.

5

. Mr. Hovnatanian is preparing for oral argument on behalf of respondent Liberty Insurance Corporation in Cause No. 14

- 0753, U.S. Metals, Incorporated v. Liberty Mutual Group, Incorporated d/b/a Libert y Insurance Corporation ; s cheduled for September 2, 2015
, in the Supreme Court of Texas.
Considering the above, Appellants respectfully move the Court for an

extension of time of 3 0 days to file their motion for rehearing, that is, to and

including Friday, August 21, 2015

.3 Respectfully submitted,

M ARTIN , D ISIERE , J EFFERSON & W ISDOM , 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 July 22, 2015 , the undersigned attempted to confer with Ms. Rosemarie M. Donnelly, lead appella te counsel for the State of Texas, regarding whether she oppose s this motion, but was unable to reach her.

/s/ Levon G. Hovnatanian Levon G. Hovnatanian

C E R T I F I CA TE OF C O MP L I ANCE
This is to certify that this computer

- generated motion for extension of time to file motion for rehearing contains 390 words.

/s/ Levon G. Hovnatanian Levon G. Hovnatanian Dated: July 22, 20154 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 22nd day of July
, 201 5 , by the method s 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. Hovnatania n