Texas Department of Insurance, Division of Workers' Compensation v. Linda Green ( 2015 )

ACCEPTED
01-15-00321-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/10/2015 1:36:20 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00321-CV
____________________________________________________
FILED IN
1st COURT OF APPEALS
IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS
AT HOUSTON, TEXAS 7/10/2015 1:36:20 PM
____________________________________________________
CHRISTOPHER A. PRINE
Clerk
TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’
COMPENSATION,
Appellant,
v.
LINDA GREEN,
Appellee.
____________________________________________________
On Appeal from the 133rd District Court, Harris County, Texas
____________________________________________________
APPELLANT’S UNOPPOSED MOTION
FOR EXTENSION OF TIME TO FILE REPLY BRIEF
TO THE HONORABLE FIRST COURT OF APPEALS:
COMES NOW, Appellant, Texas Department of Insurance, Division of
Workers’ Compensation, and files this Unopposed Motion for Extension of Time to
File Reply Brief in the above captioned appeal, and in support thereof will show the
following:
I.
This case is on appeal from the 133rd District Court of Harris County, Texas,
of an Order denying Appellant’s Plea to the Jurisdiction on March 2, 2015.
II.
This case was instituted in the Court of Appeals on April 9, 2015. The clerk’s
record was filed on April 16, 2015. There was no court reporter’s record.
III.
Appellant’s brief was filed on May 14, 2015. Appellee’s Brief was filed on
July 3, 2015. Appellant’s Reply Brief was due on July 6, 2015.
IV.
Appellant requests an extension until today to file its Reply Brief. This is an
accelerated appeal. The deadline for Appellant to file its Reply Brief was three days
after Appellee file her brief. The deadline date of July 6 was part of a holiday
weekend, and due to time constraints, counsel for Appellant needed additional time
to read, analyze and reply to Appellee’s Brief. Thus, Appellant asks for an
extension of today to file its reply.
V.
The undersigned corresponded with counsel for Appellee on July 10, 2015,
and this motion is unopposed by Appellee.
WHEREFORE PREMISES CONSIDERED, Appellant, Texas Department of
Insurance-Division of Workers’ Compensation respectfully requests that the First
Court of Appeals grant an extension of time until July 10, 2015 in which to file its
reply brief on appeal.
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Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
DAVID A. TALBOT, JR.
Division Chief, Administrative Law Division
/s/ Dennis M. McKinney
DENNIS M. MCKINNEY
State Bar No.13719300
Assistant Attorney General
Administrative Law Division
OFFICE OF THE ATTORNEY GENERAL OF
TEXAS
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4020
Facsimile: (512) 320-0167
Dennis.McKinney@texasattorneygeneral.gov
Attorneys for Appellant
CERTIFICATE OF CONFERENCE
I hereby certify that I have conferred with counsel for Appellee and he is
unopposed to this request for extension.
/s/ Dennis M. McKinney
DENNIS M. MCKINNEY
Assistant Attorney General
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CERTIFICATE OF SERVICE
I hereby certify that on July 10, 2015, a true and correct copy of the above and
forgoing document was sent by e-service or electronic mail to the following parties:
Brad McClellan Via E-Service and/or E-Mail
LAW OFFICES OF RICHARD PENA, P.C.
1701 Directors Blvd, Suite 110
Austin, Texas 78744
brad.mcclellan@yahoo.com
Attorney for Appellee
David Brenner Via E-Service and/or E-Mail
Belinda May Arambula
BURNS ANDERSON JURY & BRENNER, L.L.P.
P.O. Box 26300
Austin, Texas 78755-6300
7804 Bell Mountain Drive, # 100
Austin, Texas 78730
dbrenner@bajb.com
barambula@bajb.com
Attorneys for Defendant Zurich American
Raymond L. Kalmans Via E-Service and/or E-Mail
Stephen L. Brochstein
Schlanger, Silver, Barg & Paine, LLP
109 North Post Oak Lane, Ste. 300
Houston, Texas 77024
rkalmans@ssbplaw.com
Attorneys for Intervenor Bessie A. Wilhelm
/s/ Dennis M. McKinney
DENNIS M. MCKINNEY
Assistant Attorney General
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