Eileen K. Starbranch v. Elizabeth Howard Crowell ( 2015 )

ACCEPTED
01-15-00429-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
9/28/2015 1:08:04 PM
CHRISTOPHER PRINE
CLERK
No. 01-15-00429-CV
FILED IN
In The Court Of Appeals For The First District Of1stTexas
COURT OF APPEALS
Houston, Texas HOUSTON, TEXAS
9/28/2015 1:08:04 PM
CHRISTOPHER A. PRINE
Eileen K. Starbranch, Clerk
Appellant
v.
Elizabeth Howard Crowell
Appellee
On Appeal From The 55th District Court Of
Harris County, Texas, Cause No. 2013-14192
UNOPPOSED MOTION FOR EXTENSION
TO FILE APPELLEE ELIZABETH HOWARD
CROWELL’S BRIEF
John B. Shely
State Bar No. 18215300
jshely@andrewskurth.com
Courtney B. Glaser
State Bar No. 24059824
cglaser@andrewskurth.com
Andrews Kurth LLP
600 Travis, Suite 4200
Houston, Texas 77002
713.220.4200 Telephone
713.220.4285 Facsimile
ATTORNEYS FOR APPELLEE
ELIZABETH HOWARD CROWELL
HOU:3595827.1
TO THE HONORABLE FIRST COURT OF APPEALS:
Pursuant to Rule 10.5(b) of the Texas Rules of Appellate
Procedure, Appellee Elizabeth Howard Crowell (“Appellee”) files
this Unopposed Motion requesting this Court to extend the time for
filing Appellee’s Brief, and in support would show the Court as
follows:
A. Current Deadline
The current deadline to file Appellee’s Brief is October 12, 2015.
B. Length of Extension Sought to File Appellee’s Brief
Appellee seeks a 30-day extension from October 12, 2015
through and including November 11, 2015.
C. Number of Previous Extensions Granted
None.
D. Facts Explaining the Needed Extension
Appellee’s counsel requests this extension of time in light of
court deadlines and personal commitments during the time period
prior to the October 12, 2015 filing deadline. Among the deadlines
and commitments, and similar events that justify this motion, are:
• Appellee’s lead trial and undersigned counsel have
multiple dispositive motion briefs due October 2 in Aetna
Life Insurance Company v. Won Yi, M.D., et al.; No. 4:14-cv-
2
HOU:3595827.1
00900 in the United States District Court for the Southern
District of Texas, Houston Division.
• Appellee’s lead trial counsel has docket call on October 5
and potentially trial during that or the following week(s)
in Kenneth R. Koenig, et al. v. Aetna Life Insurance Company,
No. 4:13-CV-359 in the United States District Court for the
Southern District of Texas, Houston Division.
• Appellee’s undersigned counsel has a previously-
scheduled work commitment (involving travel) from
October 8-11.
• Appellee’s lead trial counsel and undersigned counsel
have several tight discovery deadlines in other pending
arbitrations.
The requested extension is not sought for purposes of delay but so
that they may have adequate time to fully brief the issues in this
appeal, and so that justice may be done.
E. The Motion is Unopposed
The undersigned conferred with Appellant’s counsel via email
on September 28, 2015, who indicated Appellant is unopposed to the
extension requested.
CONCLUSION AND PRAYER
WHEREFORE, Appellee Elizabeth Howard Crowell prays that
this Unopposed Motion be granted and that the time for filing
Appellee’s Brief be extended to November 11, 2015.
3
HOU:3595827.1
Respectfully submitted,
BY: /s/Courtney B. Glaser
John B. Shely
State Bar No. 18215300
jshely@andrewskurth.com
Courtney B. Glaser
State Bar No. 24059824
cglaser@andrewskurth.com
Andrews Kurth LLP
600 Travis, Suite 4200
Houston, Texas 77002
713.220.4200 Telephone
713.220.4285 Facsimile
ATTORNEYS FOR APPELLEE
ELIZABETH HOWARD CROWELL
CERTIFICATE OF CONFERENCE
I hereby certify that undersigned counsel for Appellee
conferred with Appellant’s counsel on September 28, 2015, and
Appellant is unopposed to the relief herein requested.
/s/Courtney B. Glaser
Courtney B. Glaser
4
HOU:3595827.1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing
document was served on all counsel of record via Electronic Service
on September 28, 2015.
Nelson S. Ebaugh
nebaugh@ebaughlaw.com
2777 Allen Parkway, Suite 1000
Houston, Texas 77019
Counsel for Appellant
/s/Courtney B. Glaser
Courtney B. Glaser
5
HOU:3595827.1