Lakeway Regional Medical Center, LLC and Surgical Development Partners, LLC// Lake Travis Transitional LTCH, LLC N/K/A Lake Travis Specialty Hospital, LLC v. Lake Travis Transitional LTCH, LLC N/K/A Lake Travis Specialty Hospital, LLC// Lakeway Regional Medical Center, LLC Surgical Development Partners, LLC Brennan, Manna, & Diamond, LLC And Frank T. Sossi ( 2015 )

ACCEPTED
03-15-00025-CV
5988590
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/8/2015 5:11:22 PM
JEFFREY D. KYLE
CLERK
No. 03-15-00025-CV
FILED IN
In The Court of Appeals For The Third District
3rd COURT OF APPEALS
AUSTIN, TEXAS
Austin, Texas 7/8/2015 5:11:22 PM
JEFFREY D. KYLE
Clerk
APPELLANTS/CROSS-APPELLEES LAKEWAY REGIONAL MEDICAL CENTER, LLC
AND SURGICAL DEVELOPMENT PARTNERS, LLC,
v.
APPELLEES LAKE TRAVIS TRANSITIONAL LTCH,
BRENNAN, MANNA & DIAMOND, LLC AND FRANK T. SOSSI,
APPELLANTS’ FIRST UNOPPOSED
MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’
OPENING BRIEFS
TO THE HONORABLE COURT OF APPEALS:
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),
Appellants Lakeway Regional Medical Center, LLC (“LRMC”) and Surgical
Development Partners, LLC (“SDP”) timely file this Unopposed Motion to Extend
Time to File Their Opening Briefs.
LRMC’s and SDP’s opening appellants’ briefs 1 are currently due on July 30,
2015. LRMC and SDP seek an extension, making their briefs due on August 31,
2015.
1
At this time, it has not been determined whether LRMC and SDP will file separate briefs or
joint briefs.
1
This is LRMC and SDP’s first request for an extension of time to file their
opening briefs.
BACKGROUND
1. This case is on appeal from the 345th Judicial District Court of Travis
County, Texas.
2. The case below was styled Lake Travis Transitional LTCH, LLC n/k/a
Lake Travis Specialty Hospital, L.L.C. v. Lakeway Regional Medical Center, LLC,
Surgical Development Partners, LLC, Brennan, Manna & Diamond, LLC,
Brennan, Manna & Diamond, P.L., and Frank T. Sossi and numbered D-1-GN-12-
000983.
3. The Judgment was signed on October 16, 2014.
4. The Judgment is for actual damages in the amount of $7,900,000, plus
prejudgment interest on that sum, plus $2,000,000 in attorneys’ fees, plus all costs
of court, plus post-judgment interest on the sum total of each of the foregoing at an
annual rate of five percent (5%), compounded annually, from the date of judgment.
5. On November 14, 2014, LRMC and SDP filed a motion for new trial.
6. On January 12, 2015, LRMC and SDP filed a notice of appeal.
7. On January 13, 2015, Lake Travis Transitional LTCH, LLC n/k/a
Lake Travis Specialty Hospital, L.L.C (“LTT”) filed its notice of appeal.
54059819.1 2
8. The extensive clerk’s record, over 13,300 pages was filed on June 16,
2015. (A supplemental clerk’s record was filed on May 21 and a second
supplemental clerk’s record was filed on June 18.) The clerk’s record, however, is
not complete as several items requested by LRMC and SDP were omitted. LRMC
and SDP have asked the district clerk to supplement the record with those
additional items.
9. The extensive reporter’s record was filed on June 23, 2015. A
supplemental court reporter’s record was filed on June 30, 2015. A second
supplemental reporter’s record is expected to be filed shortly.
REASONS FOR REQUESTED
10. The record in this appeal is sizeable.
11. LRMC’s and SDP’s counsel is also in the midst of preparing filings in
an arbitration between John W. Johnson, Steven J. Lindley, and J. Loren Ross, as
the Representatives of the Stockholders of Permian Mud Service, Inc. and Ecolab
Inc.
12. This request is not sought for delay only but so that justice may be
done.
PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Appellants Lakeway Regional
Medical Center, LLC and Surgical Development Partners, LLC ask that this Court
54059819.1 3
grant this, their First Unopposed Motion for Extension of Time to File Their
Opening Appellants’ Briefs, and extend the deadline to August 31, 2015, and for
such further relief to which they may be entitled.
Respectfully submitted,
NORTON ROSE FULBRIGHT US LLP
By: /s/ Joy M. Soloway
Jeff Cody
jeff.cody@nortonrosefulbright.com
State Bar No. 4468960
Barton Wayne Cox
beau.cox@nortonrosefulbright.com
State Bar No. 24065087
James V. Leito IV
james.leito@nortonrosefulbright.com
State Bar No. 24054950
2200 Ross Avenue, Suite 3600
Dallas, TX 75201-2784
Telephone: (214) 855-8000
Telecopier: (214) 855-8200
Joy M. Soloway
joy.soloway@nortonrosefulbright.com
State Bar No. 18838700
1301 McKinney, Suite 5100
Houston, TX 77010-3095
Telephone: (713) 651-5151
Telecopier: (713) 651-5246
Counsel for Appellants/Cross-Appellees
Lakeway Regional Medical Center, LLC and
Surgical Development Partners, LLC
54059819.1 4
WRIGHT & CLOSE, LLP
Jessica Z. Barger
barger@wrightclose.com
State Bar No. 24032706
Raffi Melkonian
melkonian@wrightclose.com
State Bar No. 24090587
One Riverway, Suite 2200
Houston, TX 77056
Telephone: (713) 572-4321
Telecopier: (713) 572-4320
Counsel for Appellant/Cross-Appellee
Surgical Development Partners, LLC
CERTIFICATE OF CONFERENCE
I certify that Jane Webre and Ryan Fellman, counsel for Appellees in this
appeal, are not opposed to the relief sought in this motion.
/s/ Joy M. Soloway
Joy M. Soloway
54059819.1 5
CERTIFICATE OF SERVICE
I hereby certify that on the 8th day of July 2015, the foregoing motion was
served by electronic service upon the following counsel of record:
Mr. S. Abraham Kuczaj III
akuczaj@scottdoug.com
Ms. Paige A. Amstutz
pamstutz@scottdoug.com
Mr. Steven J. Wingard
swingard@scottdoug.com
Jane Webre
jwebre@scottdoug.com
SCOTT, DOUGLASS & MCCONNICO, LLP
303 Colorado, Suite 2400
Austin, TX 78701
Counsel for Appellee/Cross-Appellant Lake Travis Transitional LTCH, LLC
Via Email Only
Mr. Robert A. Bragalone
rbragalone@gordonrees.com
Mr. B. Ryan Fellman
rfellman@gordonrees.com
GORDON & REES LLP
2100 Ross Avenue, Suite 2800
Dallas, TX 75201
Counsel for Appellees Brennan, Manna & Diamond, LLC and
Frank T. Sossi
Via Email Only
/s/ Joy M. Soloway
JOY M. SOLOWAY
54059819.1 6