Cristina Marente, Individually and as Representative of the Estate of Christian Marente v. Eunice Asah and Epic Health Services, Inc. ( 2015 )

ACCEPTED
06-15-00049-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
10/23/2015 2:40:36 AM
DEBBIE AUTREY
CLERK
No. 06-15-00049-CV
FILED IN
6th COURT OF APPEALS
In the Sixth District Court of TEXARKANA, TEXAS
Appeals at Texarkana 10/23/2015 2:40:36 AM
DEBBIE AUTREY
Clerk
Christina Marente, et al, Appellants
v.
Eunice Asah and Epic Health Services, Inc., Appellees
On Appeal from Cause Number 86812
From the 40th Judicial District Court of Ellis County, Texas
Hon. Bob Carroll, Presiding
Appellees’ Unopposed Motion for Extension of Time
Appellees Eunice Asah and Epic Health Services, Inc. seek an unopposed 30-
day extension to file their Joint Brief so that it would be timely filed if filed on or
before December 11, 2015.
1. Appellees’ Brief is currently due on November 11, 2015.
2. Appellees seek a 30-day extension, so that their Brief would be timely
filed if filed on or before December 11, 2015. Counsel for Eunice Asah and counsel
for Epic Health Services, Inc. conferred with counsel for Marente regarding the
extension, and Marente is not opposed to the requested extension.
3. Neither Eunice Asah nor Epic Health Services, Inc. has previously
requested an extension of this deadline.
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME - 1
4. Good cause exists to extend this deadline. Personal and work
commitments have interfered with counsel’s ability to complete the Brief within the
current deadline, including:
a. Counsel for Eunice Asah will be engaged in the following tasks:
i. preparing for and taking an out-of-town deposition on
October 19, 2015, of a nationally regarded expert witness in an alleged
birth injury case that involves hundreds of peer-reviewed articles;
ii. preparing for and attending hearings on October 23, 2015,
related to the designation of responsible third parties;
iii. traveling on a brief weekend trip with family from October
23 to October 25, 2015;
iv. responding by October 27, 2015, to a petition for writ of
mandamus in the Fifth District Court of Appeals at Dallas, Texas
v. preparing for and taking an out-of-town deposition on
October 29, 2015, of the opponent’s only expert witness in an
anesthesia-complication case;
vi. responding by November 2, 2015, to a petition for review
in the Supreme Court of Texas;
vii. attending a CLE event (that his firm is sponsoring) of the
appellate section of the Dallas Bar Association on November 5, 2015;
and
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME - 2
viii. attending an out of town CLE event from November 12 to
15, 2015.
b. Additionally, Appellees plan to file a joint brief that will be
researched and initially drafted by counsel for Asah (with input from counsel for
Epic) and then jointly reviewed and revised. The effort to file a joint brief will
streamline the process for the appeal in that Appellees will only have one brief instead
of two, resulting in judicial efficiency. And this process – with counsel for Asah
taking the lead role in drafting – was contemplated by the trial court when it awarded
appellate attorneys’ fees, awarding substantially more fees to counsel for Asah. But
due to counsel for Asah’s schedule, this process cannot be completed by the current
deadline.
5. These reasons constitute good cause to justify an extension of the
briefing deadline. A reasonable cause justifying an extension of time in this context
has been described as “any plausible statement of circumstances indicating the failure
to file within the [briefing] period was not deliberate or intentional.” Hone v. Hanafin,
104 S.W.3d 884, 886 (Tex. 2003). The nature of the legal question presented and
counsel’s other commitments demonstrate that any failure to complete the Response
to Appellants’ Brief on time is not or will not be deliberate or intentional.
6. This Motion is not sought solely for delay but so that justice may be
served.
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME - 3
Wherefore, Appellees pray that the Court grant their requested 30-day
extension to file their Brief in this matter so that the Court deems the Brief timely
filed if filed on or before December 11, 2015, and for such other relief to which
Appellees may be entitled.
Respectfully submitted,
/s/ David M. Walsh IV
DAVID M. WALSH IV
State Bar No. 00791874
dmwalsh@chambleeryan.com
CHAMBLEE, RYAN, KERSHAW
& ANDERSON, P.C.
2777 Stemmons Freeway, Suite 1157
Dallas, Texas 75207
(214) 905-2003 – Telephone
(214) 905-1213 – Facsimile
ATTORNEYS FOR APPELLEE
EUNICE ASAH, R.N.
/s/ Winston Borum
WINSTON L. BORUM
State Bar No. 02675500
borum@borumhancock.com
BORUM & HANCOCK, L.L.P.
801 Cherry Street, Suite 2485
Fort Worth, TX 76102
(817) 336-4100, ext. 1 – Telephone
(817) 336-4141 – Fasimile
ATTORNEYS FOR APPELLEE
EPIC HEALTH SERVICES, INC.
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME - 4
CERTIFICATE OF CONFERENCE
I certify that I contacted Appellant’s counsel Douglas T. Floyd regarding the
requested 30-day extension of the deadline to file the Appellees’ Brief, and Mr. Floyd
stated that he was not opposed to the requested extension.
/s/ David M. Walsh IV
DAVID M. WALSH IV
CERTIFICATE OF SERVICE
This is to certify that on the 23rd day of October, 2015, a true and correct copy
of this motion was served on counsel for Appellant through the e-filing system and by
email:
Douglas T. Floyd
6521 Preston Road, Suite 100
Plano, TX 75024
lawyerfloyd@aol.com
Winston L. Borum
Borum & Hancock, L.L.P.
801 Cherry Street, Suite 2485
Fort Worth, TX 76102
borum@borumhancock.com
/s/ David M. Walsh IV
DAVID M. WALSH IV
APPELLEES’ UNOPPOSED MOTION FOR EXTENSION OF TIME - 5