Curadev Pharma PVT. LTD. and Curadev Pharma Limited v. the University of Texas Southwestern Medical Center, Dr. Xiaochen Bai, and Dr. Xuewu Zhang

• Court: Court of Appeals of Texas
• Decided: January 30, 2025
• Docket: 15-25-00004-CV
• Status: Published

Opinion

ACCEPTED 15-25-00004-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 1/30/2025 12:20 PM No. 15-25-00004-CV CHRISTOPHER A. PRINE _______________________________________________ CLERK FILED IN 15th COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS for the 1/30/2025 12:20:29 PM FIFTEENTH DISTRICT OF TEXAS CHRISTOPHER A. PRINE Austin, Texas Clerk _______________________________________________

Curadev Pharma PVT. LTD. and Curadev Pharma Limited,

Appellants, v.

The University of Texas Southwestern Medical Center, Dr. Xiaochen Bai, and Dr. Xuewu Zhang,

Appellees. ______________________________________________

Appeal from 101st Judicial District Court of Dallas County, Texas Honorable Staci Williams, Presiding Judge ______________________________________________

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEES ______________________________________________

To the Honorable Court of Appeals:

Pursuant to TEX. R. APP. P. 10.5(b) and 38.6(d), The University of Texas

Southwestern Medical Center, Dr. Xiaochen Bai, and Dr. Xuewu Zhang

(“Appellees”) file this Unopposed Motion for Extension of Time to File Brief of

Appellees, and respectfully shows the Court as follows:

1 43509781v.1 1. The Brief of Appellants was filed on January 21, 2025. The Brief of

Appellees is thus currently due on February 10, 2025. See TEX. R. APP. P. 38.6(b).

For the following reasons, Appellees request a 14-day extension of time to file its

brief, making the new due date February 24, 2025.

2. A reasoned justification for an extension of time exists. The

undersigned counsel for Appellees has had and will have other commitments

necessitating this extension, including:

a. preparing for and presenting oral argument at an omnibus hearing on

January 21, 2025, in In re Big Lots, Inc., et al., Case No. 24-11967, in

the United States Bankruptcy Court for the District of Delaware; and

b. preparing for and presenting oral argument at a hearing on a plea to the

jurisdiction on February 4, 2025, in Romero v. Texas Permanent School

Fund Corp., Cause No. D-1-GN-24-009170, in the 98th Judicial District

of Travis County, Texas.

These and other scheduling conflicts, as well as pre-planned travel from January 29-

February 2, 2025, necessitate this request for an extension.

3. Appellees therefore request that the deadline for filing its Brief of

Appellees be extended 14 days to February 24, 2025. This is Appellees’ first request

for an extension of time for its Brief of Appellees and is not sought for the purpose

of delay.

2 43509781v.1 4. Counsel for Appellants has advised that they do not oppose this

requested extension.

For these reasons, Appellees The University of Texas Southwestern Medical

Center, Dr. Xiaochen Bai, and Dr. Xuewu Zhang respectfully pray that the Court

extend the time to file its Brief of Appellee to February 24, 2025.

Respectfully submitted,

/s/ David Schlottman Nathaniel St. Clair, II State Bar No. 24071564 nstclair@jw.com David Schlottman State Bar No. 24083807 dschlottman@jw.com Demi Williams State Bar No. 24084101 dswilliams@jw.com Hailey Oestreich State Bar No. 24116627 hoestreich@jw.com Jackson Walker LLP 2323 Ross Avenue, Suite 600 Dallas, Texas 75201 Telephone: (214) 953-6000 Facsimile: (214) 661-6690

Attorneys for Appellees The University of Texas Southwestern Medical Center, Dr. Xiaochen Bai, and Dr. Xuewu Zhang

3 43509781v.1 CERTIFICATE OF CONFERENCE

On January 28, 2025, the undersigned conferred with David Whittlesey, counsel for Appellant, about the merits of this motion. Counsel does not oppose the requested extension sought in this motion.

/s/ Hailey Oestreich Hailey Oestreich

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing motion was served via electronic service in accordance with TEX. R. APP. P. 9.5 upon the following counsel of record for Appellant on this 30th, day of January, 2025:

David P. Whittlesey (david.whittlesey@aoshearman.com) Jacob Daniel Fields (jacob.fields@aoshearman.com) Allen Overy Shearman Sterling US LLP 300 West 6th Street, Ste. 2250 Austin, TX 78701

Trey Hebert (trey.hebert@aoshearman.com) Allen Overy Shearman Sterling US LLP The Link at Uptown 2601 Olive St., 17th Floor Dallas, TX 75201

4 43509781v.1 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Hailey Oestreich on behalf of David Schlottman Bar No. 24083807 hoestreich@jw.com Envelope ID: 96792022 Filing Code Description: Motion Filing Description: Motion Status as of 1/30/2025 12:25 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

David Schlottman dschlottman@jw.com 1/30/2025 12:20:29 PM SENT

Demi Williams dswilliams@jw.com 1/30/2025 12:20:29 PM SENT

Nathaniel St Clair nstclair@jw.com 1/30/2025 12:20:29 PM SENT

Hailey Oestreich hoestreich@jw.com 1/30/2025 12:20:29 PM SENT

David Whittlesey 791920 david.whittlesey@aoshearman.com 1/30/2025 12:20:29 PM SENT

Jacob Fields 24115134 jacob.fields@shearman.com 1/30/2025 12:20:29 PM SENT

Olin Hebert 24097819 trey.hebert@aoshearman.com 1/30/2025 12:20:29 PM SENT