Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC And Toth Enterprises II, P .A. D/B/A Victory Medical Center ( 2015 )

ACCEPTED
03-15-00348-CV
6720964
THIRD COURT OF APPEALS
AUSTIN, TEXAS
8/31/2015 11:30:55 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00348-CV
______________________________________ FILED IN
3rd COURT OF APPEALS
COURT OF APPEALS AUSTIN, TEXAS
THIRD JUDICIAL DISTRICT OF TEXAS8/31/2015 11:30:55 AM
AUSTIN, TEXAS JEFFREY D. KYLE
Clerk
______________________________________
TODD ENRIGHT
Appellant,
v.
ASCLEPIUS PANACEA, LLC; ASCLEPIUS PANACEA GP, LLC; DAILY
PHARMACY, LLC; DAILY PHARMACY GP, LLC; AND TOTH
ENTERPRISES II, P .A. D/B/A VICTORY MEDICAL CENTER,
Appellees.
______________________________________
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE THE REPLY BRIEF OF
APPELLANT TODD ENRIGHT
______________________________________
On Appeal from the 98th Judicial District Court
of Travis County, Texas
Trial Court No. D-1-GN-14-004689
Hon. Gisela D. Triana of the 200th Judicial District Court, Presiding
__________________________________
TO THE HONORABLE COURT OF APPEALS:
Appellant Todd Enright files this Unopposed Motion for Extension of Time
to File the Reply Brief of Appellant, and would show the Court as follows:
1. In accordance with the rules concerning an interlocutory appeal,
Enright’s reply brief is due to be filed with this Court on Monday, September 14,
2015. See Tex. R. App. P. 38.6(c).
2. Pursuant to Texas Rules of Appellate Procedure 10.5(b)(1) and
38.6(d), Enright requests a fourteen (14) day extension of time, to and including
Monday, September 28, 2015, to file his reply brief.
3. This is the first motion for extension of time pertaining to Appellant’s
reply brief filed by Enright. On June 25, 2015, the Court granted Enright a
fourteen (14) day extension to file his opening brief, and on July 24, the Court
granted a fourteen (14) day extension to appellees to file their response brief.
4. As grounds for this extension, Enright requires additional time
because his lead counsel, Jennifer Poppe, has several other deadlines and
commitments during this period, including:
 a motion to dismiss filed on August 28, 2015, in In re Conn’s
Securities Litigation, No. 4:14-cv-00548 (KPE), in the
Southern District of Texas;
 an ongoing internal investigation that will require several days of
witness interviews outside of the country, currently scheduled
for the weeks of September 7 and September 21; and
 ongoing discovery and pretrial work in a number of other cases.
5. Appellees do not oppose this Motion.
Wherefore, Appellant Enright prays that this Court grant this Unopposed
Motion for Extension of Time to File the Reply Brief of Appellant, extend his
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filing deadline to and including Monday, September 28, 2015, and grant any such
other relief to which he may be justly entitled.
Respectfully submitted,
/s/ Jennifer B. Poppe
Jennifer B. Poppe
State Bar No. 24007855
Jonah Jackson
State Bar No. 24071450
2801 Via Fortuna, Suite 100
Austin, Texas 78746
Telephone: (512) 542-8400
Facsimile: (512) 542-8612
jpoppe@velaw.com
jjackson@velaw.com
Attorneys for Appellant Todd Enright
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CERTIFICATE OF CONFERENCE
On August 31, 2015, I conferred with Paul Matula, Counsel for Appellees,
who stated that he was not opposed to a fourteen (14) day extension of time for the
filing of appellant’s brief.
/s/ Jonah Jackson
Jonah Jackson
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CERTIFICATE OF SERVICE
The undersigned certifies that on the 31st day of August, 2015, a true and
correct copy of this motion was served on the following attorneys in accordance
with the requirements of the Texas Rules of Appellate Procedure via electronic
filing or email.
Eric J. Taube
Paul Matula
Hohmann, Taube & Summers, LLP
100 Congress Avenue, 18th Floor
Austin, Texas 8701
erict@hts-law.com
paulm@hts-law.com
/s/ Jonah Jackson
Jonah Jackson
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U.S. 3722232v.1