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No. 05-14-01617-CV 

_____________________________________________________________ 

IN THE 

COURT OF APPEALS 

FIFTH DISTRICT OF TEXAS AT DALLAS 

BOSTON SCIENTIFIC CORPORATION, INC., 

Defendant-Appellant, 

V.

MARTHA SALAZAR and FELIX SALAZAR, 

Plaintiffs-Appellees. 

APPELLEES’ SECOND UNOPPOSED MOTION 

FOR A 60 DAY EXTENSION OF TIME TO FILE BRIEF 

FREESE & GOSS, PLLC 

Tim K. Goss 

tim@freeseandgoss.com 

3031 Allen St., Ste. 200 

Dallas, TX 75204 

P: 214.761.6610 

F: 214.761.6688

EDWARDS & DE LA CERDA, P.L.L.C. 

Kevin L. Edwards 

kevin@edwardsdelacerda.com 

3031 Allen St., Ste. 100 

Dallas, TX 75204 

P: 214.550.5238 

F: 214.722.2101 

Counsel for Plaintiffs-Appellees Martha Salazar and Felix Salazar 

CAPSHAW & ASSOCIATES

Richard A. Capshaw

richard@capslaw.com

3031 Allen St., Ste. 201

Dallas, TX 75204

P: 214.761.6610

F: 214.761.6611

MATTHEWS AND ASSOCIATES 

David P. Matthews

dmatthews@thematthewslawfirm.com

2509 Sackett St.

Houston, TX 77098

P: 713.522.5250

F: 713.535.7184

M

A

T

T

H

E

W

ACCEPTED

05-14-01617-CV

FIFTH COURT OF APPEALS

DALLAS, TEXAS

7/24/2015 3:56:25 PM

LISA MATZ

CLERK

 FILED IN 5th COURT OF APPEALS DALLAS, TEXAS 7/24/2015 3:56:25 PM LISA MATZ Clerk
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TO THE HONORABLE COURT OF APPEALS:

1. Pursuant to Rules 2, 10.5(b), and 38.6(d), Appellees Martha Salazar 

and Felix Salazar file this Second Unopposed Motion for Extension of Time 

to File Brief and respectfully request a 60-day extension of the deadline to 

file Appellees’ Brief.

I.

Appellees Request A 60 Day Extension Of Time To Allow For 

Finalization Of The Settlement Entered By The Parties.

2. This is an appeal of a judgment that was signed on October 2, 2014. 

The judgment was entered by the 95th Judicial District Court of Dallas 

County, in Cause No. DC-12-14349, styled Martha Salazar, et al v. Boston 

Scientific Corporation, Inc., et al. 

3. Appellants moved, with agreement by the Appellees, for two

extensions of time (a total of sixty days) to file Appellant’s brief, both of 

which were granted by this Court of Appeals. Appellants filed their brief on 

June 1, 2015. 

4. Prior to the date on which Appellees’ Brief was due, Appellees filed 

an Unopposed Motion for Extension to File Brief, requesting a 120-day 

extension. This Court of Appeals granted Appellees’ Motion for Extension 

to File Brief and allowed an extension of 30 days. Appellees’ Brief is now 

due July 31, 2015.
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5. Appellees now file their Second Unopposed Motion for Extension to 

File Brief and request a 60-day extension of this deadline. If granted, the 

new deadline to file Appellees’ brief would be September 29, 2015. 

Counsel for Appellees conferred with counsel for Appellants on the 

extension requested herein and counsel for Appellants is not opposed to

Appellees’ request or to the filing of this motion.

5. Appellees’ request for an extension is not intended for delay; but 

rather to allow adequate time to finalize a settlement between the Appellees 

and the Appellants. As of the date of filing this Motion for Extension of 

Time to File Appellees’ Brief, counsel for Appellees and counsel for 

Appellants have executed a Master Settlement Agreement, established a 

Qualified Settlement Fund for the resolution of a substantial number of 

claims, including this judgment, and counsel for Appellees has received 

executed settlement disclosures and settlement agreements from a 

substantial number of claims, including that of the Appellees. It is 

anticipated that counsel for Appellees will receive the remainder of the 

required executed settlement disclosures and settlement agreements pursuant 

to the terms of the Master Settlement Agreement during the next 60 days and 

that the settlement between Appellees and Appellants will be fully executed 

and finalized. As such, this case and this appeal will be resolved. Appellees 
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and Appellants have conferred and it is agreed that the settlement terms 

should be satisfied within this timeframe.

6. Appellant’s counsel is not opposed to the requested extension.

7. Alternatively, if Appellees’ request for a 60 day extension is not 

granted, Appellees respectfully request an extension of 30 days to file their 

Appellee’s Brief. 

WHEREFORE Appellees, Martha Salazar and Felix Salazar,

respectfully request a 60-day extension of the deadline to file Appellees’

Brief, which would make the new deadline for filing of Appellees’ Brief

September 29, 2015. 

Respectfully submitted,

/s/Tim K. Goss

Tim K. Goss

Texas Bar No. 08222660

tim@freeseandgoss.com

Freese & Goss, PLLC

3031 Allen St., Ste. 200

Dallas, TX 75204

P: 214.761.6610 

F: 214.761.6688

Richard A. Capshaw

State Bar No. 03783800

richard@capslaw.com

Capshaw & Associates

3031 Allen St., Ste. 201

Dallas, TX 75204

P: 214.761.6610

F: 214.761.6611
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David P. Matthews

Texas Bar No. 13206200

dmatthews@thematthewslawfirm.com

Matthews and Associates 

2509 Sackett St.

Houston, TX 77098

P: 713.522.5250

F: 713.535.7184

Kevin L. Edwards

Texas Bar No. 24040853

kevin@edwardsdelacerda.com

Edwards & de la Cerda, P.L.L.C.

3031 Allen St., Ste. 100

Dallas, TX 75204

P: 214.550.5239

F: 214.722.2101
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CERTIFICATE OF SERVICE

On July 24, 2015, a copy of the foregoing pleading was filed and 

served electronically by email through eFile.txcourts.gov on all counsel of 

record for Appellees:

S. Vance Wittie

Maria Katina Karos

Sedgwick, LLP

1717 Main Street, Ste. 5400

Dallas, TX 75201-7367

P: (469) 227-8200

F: (469) 227-8004

Email: 

vance.wittie@sedgwicklaw.com

maria.karos@sedgwicklaw.com

/s/Tim K. Goss

Tim K. Goss
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CERTIFICATE OF CONFERENCE

Counsel for Appellant and counsel for Appellees conferred on July 

23, 2015 regarding the substantive request in this motion. Counsel for 

Appellant does not oppose the relief requested in this motion.

Certified to the 24

th day of July, 2015, by:

/s/Tim K. Goss

Tim K. Goss