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 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

7/22/2015 5:22:32 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/22/2015 5:22:32 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 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 issued 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, it 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’ appellate counsel, has been 

extremely 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 trying 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.
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3. Mr. Hovnatanian is 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. Hovnatanian 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 Liberty Insurance Corporation; scheduled 

for September 2, 2015, in the Supreme Court of Texas.

Considering the above, Appellants respectfully move the Court for an 

extension of time of 30 days to file their motion for rehearing, that is, to and 

including Friday, August 21, 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 July 22, 2015, the undersigned attempted to confer 

with Ms. Rosemarie M. Donnelly, lead appellate counsel for 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 extension of time 

to file motion for rehearing contains 390 words.

/s/ Levon G. Hovnatanian

Levon G. Hovnatanian

Dated: July 22, 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 22nd day of July, 

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