Steven Hill v. Premier IMS, Inc. ( 2015 )

ACCEPTED
01-15-00137-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
8/4/2015 2:53:04 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00137-CV
In the Court of Appeals for the First District FILED IN
1st COURT OF APPEALS
Houston, Texas HOUSTON, TEXAS
8/4/2015 2:53:04 PM
STEVEN HILL, CHRISTOPHER A. PRINE
Clerk
APPELLANT
V.
PREMIER IMS, INC.,
APPELLEE
On Appeal from the 133rd Judicial District Court of Harris County, Texas
Cause No. 2011-68790
MOTION TO EXTEND TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE COURT OF APPEALS:
COMES NOW, Appellee, and files this Motion to Extend Time to File
Appellee’s Brief. In support of this Motion, Appellee shows unto this Court the
following:
A.
INTRODUCTION
1. This is an interlocutory appeal brought by Appellant pursuant to
Texas Civil Practice & Remedies Code Section 51.014(a)(9), which allows an
interlocutory appeal from an order denying a motion to dismiss under Texas Civil
Practice & Remedies Code Section 74.351 (b). The Appellee/Plaintiff is
PREMIER IMS, INC.
B.
ARGUMENT & AUTHORITIES
2. No rule limits the time within which to file this Motion to Extend.
Tex. R. App. P. 38.6.
3. The Court may extend time to file Appellee's Brief under the authority
of Tex. R. App. P. 38.6(d).
4. Appellee’s Brief is due on or about August 7, 2015.
5. Appellant requests an additional thirty (30) days from the current due
date in which to file his brief, extending the time to September 8, 2015.
6. Appellee has not previously requested any extension to file its brief.
7. Appellant is unopposed to Appellee’s Motion to Extend Time.
8. An extension of time to file Appellee’s Brief would allow Appellee an
opportunity to fully prepare a response with the thoughtful consideration and
deliberation that this important matter requires.
PRAYER
8. For these reasons, Appellee respectfully asks the Court to grant an
extension of time to file its Brief to September 8, 2015.
Respectfully submitted,
LUCCIA & EVANS, L.L.P.
By /s/ Mary Kathleen Evans____
Mary Kathleen Evans
SBN 06723925
mkevans@luccia-evans.com
Joseph I. Balat
SBN 24045442
jibalat@luccia-evans.com
8 Greenway Plaza, Suite 1450
Houston, Texas 77046
(713) 629-0002 / Fax (713) 629-0004
ATTORNEYS FOR APPELLEE
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing
Motion to Extend Time to File Appellee’s Brief has been forwarded to counsel for
Appellant on the 4th day of August, 2015 as follows:
Alan N. Magenheim Via Electronic Service
MAGENHEIM & ASSOCIATES
3701 Kirby Drive, Suite 913
Houston, Texas 77098
/s/ Mary Kathleen Evans__________
Mary Kathleen Evans/Joseph I. Balat
CERTIFICATE OF CONFERENCE
I hereby certify that counsel for Appellant was e-mailed on August 4, 2015,
regarding Appellee’s request for an extension of time. Appellant’s counsel stated
that he was unopposed.
/s/ Mary Kathleen Evans______________
Mary Kathleen Evans/Joseph I. Balat