Humble Surgical Hospital LLC v. Christy L. Traynor ( 2015 )

ACCEPTED
01-15-00718-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/9/2015 10:30:09 AM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00718-CV
FILED IN
1st COURT OF APPEALS
IN THE HOUSTON, TEXAS
FIRST COURT OF APPEALS 11/9/2015 10:30:09 AM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
Clerk
Humble Surgical Hospital L.L.C., Humble Surgical Hospital Services, L.L.C.,
Humble Surgical Holdings, L.L.C., Houston Humble Surgical, P.L.L.C.,
Humble Spine Surgery, P.L.L.C.
Appellant,
v.
Christy L. Traynor
Appellee.
APPELLEE’S UNOPPOSED MOTION TO EXTEND TIME
TO FILE APPELLEE’S BRIEF
On Appeal from Cause No. 1044724
In the County Court of Law No. 2, Harris County, Texas
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellee, CHRISTY L. TRAYNOR, files this Unopposed Motion to
Extend Time to File Appellee’s Brief, in accordance with Rules 10.5(b)(1) and
38.6(d) of the Texas Rules of Appellate Procedure, and in support thereof would
respectfully show as follows:
1. The current due date for Appellee to file Appellee’s brief is Monday,
November 9, 2015. Respondent requests an extension of 20 days to file its
Response, to and including Monday, November 30, 2015.
2. This is the first request by Respondent for additional time to file her
brief. This Motion is timely pursuant to TEX. R. APP. P. 38.6 (d).
3. The requested extension of time is necessary because the undersigned
counsel has only recently secured the clerk’s record, supplemental record and
reporter’s record in this case. In addition, she has been, substantially involved in
several other matters, including, among others:
No. 2014-66194; In the interest of the marriage of Amy M. Canaba and
Benjamin Canaba, Jr. and in the interest of H.B. A., a minor child; in the
245th District Court of Harris County, Texas (trial was set November 2,
2015);
No. CV00072943; J.O.F. v. Arc Light Electric, Inc., Shannon Hammons,
et.al, In the County Court at Law No. 2 Galveston County, Texas (trial set
December 7, 2015 and depositions ongoing);
4. The requested extension is reasonable and necessary to allow
Appellee adequate time to prepare her brief. This request is not made for delay,
but only so that justice may be done.
5. These facts are within the personal knowledge of the undersigned
counsel. Therefore, verification is not required.
2
6. For all of these reasons, Respondent respectfully requests the Court to
grant this unopposed motion for additional time of 20 days to file Appellee’s Brief,
to and including Monday, November 30, 2015.
WHEREFORE, PREMISES Appellee, Christy L. Traynor,
respectfully requests the Court to grant her Unopposed Motion for Extension of
Time to File its Brief for 20 days, to and including Monday, November 30, 2015.
Appellee additionally prays for such other and further relief to which she may be
justly entitled.
Respectfully submitted,
HOULETTE & GRAY P.L.L.C.
/s/ Jacqueline M. Houlette
Jacqueline M. Houlette
TBA No. 00787718
440 Louisiana, Suite 900
Houston, Texas 77002
Telephone: (713) 236-7740
Facsimile: (713) 583-3010
jhoulette@houlette-gray.com
ATTORNEY FOR APPELLEE
3
CERTIFICATE OF CONFERENCE
In accordance with TEX. R. APP. P. 10.1(a)(5), the undersigned appellate
counsel has conferred with Joshua Anderson, counsel for Appellant on November
5, 2015 regarding the merits of this Motion. Mr. Anderson indicated that
Appellant is unopposed to this Motion being granted.
/s/ Jacqueline M. Houlette
Jacqueline M. Houlette
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Appellee’s Unopposed
Motion to Extend Time to File Appellee’s Brief was served upon the counsel of
record below via electronic filing on November 9, 2015.
Chastiti N. Horne, Esq.
Joshua Anderson, Esq.
Ebanks Horne Rota Moos L.L.P.
1301 McKinney, Suite 2700
Houston, Texas 77010-3079
Allen D. Russell, Esq.
Taylor, Taylor & Russell
815 Walker, Suite 250
Houston, Texas 77002
/s/ Jacqueline M. Houlette
Jacqueline M. Houlette
4