Bexar County Hospital D/B/A University Health System v. Paul Douglas Harlan ( 2015 )

ACCEPTED 04-15-00155-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 6/24/2015 5:29:57 PM KEITH HOTTLE CLERK NO. 04-15-00155-CV IN THE COURT OF APPEALS FILED IN FOURTH DISTRICT OF TEXAS 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 06/24/2015 5:29:57 PM KEITH E. HOTTLE Clerk BEXAR COUNTY HOSPITAL DISTRICT d/b/a UNIVERSITY HEALTH SYSTEM, Appellant, V. PAUL DOUGLAS HARLAN, Appellee. FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLEE’S BRIEF Paul Saputo State Bar No. 24083792 The SAPUTO LAW FIRM 2050 N. Stemmons Freeway Mail Unit 310 Dallas, TX 75207 Tel. (888) 239-9305 Fax (888) 236-2516 Email paul@saputo-law.com TO THE HONORABLE FOURTH COURT OF APPEALS: Pursuant to TEX. R. APP. P. 10.5 and 38.6(d), the Appellee, Paul Douglas Harlan, files this First Motion to Extend Time to File Appellee’s Brief. Appellee’s opening brief was currently due, by order of this Court, on June 15, 2015. Counsel for Appellee requests a 30-day extension of time to file its brief, making the brief due on July 15, 2015. This is the first request for extension of time to file the reply brief. Counsel for Appellee relies on the following reasons, in addition to the routine matters that counsel must attend to in daily practice, to explain the need for the requested extension: Counsel for Appellee has had primary responsibility in several criminal cases which have been recently scheduled for trial, and Counsel’s attention has been diverted to handling trials of these serious offenses. On the very day that the reply brief was due, Counsel was in the 204th Judicial District Court in Dallas representing a client facing an aggravated sexual assault of a child under six years old. Prior to that trial in both May and June, Counsel had an unusually time-consuming string of jury trials for felony and misdemeanor cases. Counsel has recently added staff and made certain firm information technology upgrades, which taken together have caused some emails to be diverted from counsel’s attention. Counsel for Appellee seeks this extension of time to be able to prepare a cogent and succinct brief to aid this Court in its analysis of the issues presented. This request is not sought for delay but so that justice may be done. The undersigned has been unable to confer with opposing counsel because she is out of town conducting depositions. All facts recited in this motion are within the personal knowledge of the counsel signing this motion, therefore no verification is necessary under Rule of Appellate Procedure 10.2. PRAYER FOR RELIEF For the reasons set forth above, Appellee requests that this Court grant this First Motion to Extend Time to File Appellee’s Brief and extend the Deadline for Filing the Appellee’s Brief up to and including July 15, 2015. Respectfully submitted, The SAPUTO LAW FIRM /s/ Paul Saputo Paul Saputo Texas Bar No. 24083792 2050 N. Stemmons Freeway Mail Unit 310 Dallas, TX 75207 Tel. (888) 239-9305 Fax (888) 236-2516 Email paul@saputo-law.com COUNSEL FOR APPELLEE CERTIFICATE OF CONFERENCE I certify that I attempted to confer with counsel for Appellant regarding this motion and that Appellee was unable to contact her. /s/ Paul Saputo Paul Saputo CERTIFICATE OF SERVICE I certify that on June 24, 2015, a correct copy of the above and foregoing has been forwarded to: VIA ELECTRONIC FILING SERVICE Laura Cavaretta CAVARETTA, KATONA & LEIGHNER, PLLC One Riverwalk Place 700 N. St. Mary’s Street, Suite 1500 San Antonio, Texas 78205 Telephone: (210) 588-2901 Facsimile: (210) 588-2908 e-mail: cavaretta@ckf-law.com Counsel for Appellant /s/ Paul Saputo Paul Saputo