Telicia Owens v. Krista G. Handyside, M.D., Samuel J. Prater, M.D., Kenneth A. Totz, D.O., FACEP, and Memorial Hermann Hospital System D/B/A Memorial Hermann - Texas Medical Center ( 2015 )

ACCEPTED
01-12-01108-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/5/2015 2:53:36 PM
CHRISTOPHER PRINE
CLERK
NO. 01-12-01108-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE FIRST DISTRICT OF TEXAS5/5/2015 2:53:36 PM
AT HOUSTON CHRISTOPHER A. PRINE
Clerk
TELICIA OWENS,
Appellant,
V.
AMY RASMUSSEN, M.D.; ET AL.,
Appellees.
On Appeal from the 152nd Judicial District Court of Harris County, Texas
Trial Court Cause No. 2012-07534
KENNETH A. TOTZ, D.O., FACEP’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE A MOTION FOR REHEARING AND/OR
A MOTION FOR EN BANC RECONSIDERATION
Charles B. Holm
State Bar No. 09900300
Kyle M. Smith
State Bar No. 24054226
Holm Bambace LLP
1010 Lamar Street, Suite 1100
Houston, Texas
(713) 652-9700 – Telephone
(713) 652-9702 – Facsimile
ATTORNEYS FOR APPELLEE,
KENNETH A. TOTZ, D.O., FACEP
KENNETH A. TOTZ, D.O., FACEP’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE A MOTION FOR REHEARING AND/OR
A MOTION FOR EN BANC RECONSIDERATION
Appellee, KENNETH A. TOTZ, D.O., FACEP (“Dr. Totz”), files this
Unopposed Motion respectfully requesting an extension of forty-five (45)
days to file a Motion for Rehearing and/or a Motion for En Banc
Reconsideration in this matter. In support of the same, Dr. Totz shows the
Court the following:
1. Appellees are Dr. Totz, Memorial Hermann Hospital System d/b/a
Memorial Hermann – Texas Medical Center, Krista G. Handyside, M.D.,
and Samuel J. Prater, M.D.; Appellant is Telicia Owens.
2. This Unopposed Motion is filed within any deadlines contemplated
under Texas Rules of Appellate Procedure 10.1, 10.5, and 49.
3. This Motion for Extension is unopposed.
4. The Court may grant an extension of time under the authority of
Texas Rule of Appellate Procedure 10.5(b).
5. This is an unopposed motion requesting an extension of time to file a
Motion for Rehearing and/or a Motion for En Banc Reconsideration of the
Judgment and Opinion entered by this Court on April 23, 2015. The current
deadline to file Dr. Totz’s Motion for Rehearing and/or Motion for En Banc
Reconsideration is May 8, 2015.
2
6. Dr. Totz requests an additional forty-five (45) days to file his Motion
for Rehearing and/or Motion for En Banc Reconsideration, extending the
time that the motions are due until June 22, 2015.
7. Dr. Totz does not seek this extension for reasons of delay; rather,
counsel for Dr. Totz has been exceptionally busy with other matters, which
occupy the time that counsel would ordinarily use to prepare Dr. Totz’s
motions, including, but not limited to:
 Responding to a time sensitive Texas Medical Board
complaint, which is due on May 5, 2015;
 Extensive document production (over 190,000
documents) in a complex medical product defect lawsuit,
styled Case No. 4:14-CV-02989, Mary Jane Martine vs.
ConforMIS, Inc., in the U.S. District Court for the Southern
District of Texas (Houston Division); and
 Trial preparation for a personal-injury lawsuit, which is set
for trial on May 11, 2015, styled Cause No. 2014-47431,
Saldana vs. Lagrone, in the 80th Judicial District Court of
Harris County, Texas.
8. Dr. Totz has sought no prior extensions to file these motions.
9. For the above reasons, Dr. Totz respectfully requests that the Court
grant an extension of time to file his Motion for Rehearing and/or Motion for
En Banc Reconsideration until June 22, 2015.
10. Dr. Totz respectfully requests all other appropriate relief.
3
Respectfully submitted,
HOLM BAMBACE LLP
By: /s/ Charles B. Holm
Charles B. Holm
State Bar No. 09900300
Kyle M. Smith
State Bar No. 24054226
1010 Lamar, Suite 1100
Houston, Texas 77002
(713) 652-9700 – Telephone
(713) 652-9702 – Facsimile
cholm@holmbambace.com
ksmith@holmbambace.com
ATTORNEYS FOR APPELLEE,
KENNETH A. TOTZ, D.O., FACEP
CERTIFICATE OF CONFERENCE
Counsel for Dr. Totz has conferred with Appellant’s counsel regarding
this Motion for Extension of Time to File a Motion for Rehearing and/or a
Motion for En Banc Reconsideration. Appellant’s counsel is unopposed.
/s/ Charles B. Holm
Charles B. Holm
4
CERTIFICATE OF SERVICE
I, Charles B. Holm, hereby certify that a true and correct copy of the
foregoing instrument was provided to all counsel of record in accordance with
the applicable Texas Rules of Appellate Procedure on this the 5th day of
May, 2015.
Reginald E. McKamie, Sr.
Law Offices of Reginald E. McKamie, Sr.
1210 Antoine Drive, Suite 100
Houston, Texas 77055
Via Facsimile: (713) 465-2894
Richard M. Law
Angela M. Nolan
Stephanie A. Sanders
Smith Adams Law Feehan LLP
1415 Louisiana Street, Suite 3800
Houston, Texas 77002
Via Facsimile: (713) 652-6000
Frank A. Doyle
Gabe A. Sassin
Myers Doyle
7676 Woodway, Suite 350
Houston, Texas 77063
Via Facsimile: (713) 278-9163
/s/ Charles B. Holm
Charles B. Holm
5