Dr. Ruthie Harper and PLLG, LLC v. Wellbeing Genomics Pty Ltd.

Opinion

ACCEPTED

03-17-00035-CV

21275035

THIRD COURT OF APPEALS

AUSTIN, TEXAS

12/13/2017 3:59 PM

JEFFREY D. KYLE

CLERK

FILED IN

3rd COURT OF APPEALS

AUSTIN, TEXAS

12/13/2017 3:59:19 PM

No. 03-17-00035-CV

JEFFREY D. KYLE

Clerk

IN THE COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS AUSTIN, TEXAS

DR. RUTHIE HARPER, PLLG, LLC AND DAVID URMAN,

Appellants,

v.

WELLBEING GENOMICS PTY LTD., Appellee.

ON APPEAL FROM THE 98TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS CAUSE NO. D-1-GN-14-002452

APPELLEE WELLBEING GENOMICS PTY LTD.’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE SUPPLEMENTAL BRIEF REQUESTED AT ORAL ARGUMENT

Appellee Wellbeing Genomics Pty Ltd. files this Unopposed Motion for an extension of time to file its Supplemental Brief, which the Court requested at oral argument on November 29, 2017. Based on counsel’s colloquy with the Court at oral argument, the deadline to file this Supplemental Brief is December 14, 2017. But because of a family medical emergency for Appellee’s lead counsel, Robert Kantner, which has required to Mr. Kantner to travel out of state unexpectedly, as well as the upcoming end-of-year holidays, Appellee respectfully requests an extension of time to file this Supplemental Brief until January 5, 2018. The reasons for this extension are as follows.

1. At oral argument, the Court requested the parties to submit Supplemental Briefs regarding the standard for determining whether a trade secret has been provided by a plaintiff to a defendant, and whether that trade secret has been used by the defendant. At the conclusion of the argument, the Court asked Appellee to submit the Supplemental Brief in two weeks.

2. In the past week, Mr. Kantner’s elderly mother became very ill. Mr.

Kantner traveled to Virginia to be with his mother and family on Sunday, December 10. Mr. Kantner’s mother has since passed away. Due to these events, Mr. Kantner will not be able to submit the Supplemental Brief under the original timeframe.

3. In light of these circumstances, as well as the approaching Christmas and New Year’s holidays, Appellee respectfully requests that the deadline to submit the requested Supplemental Brief be extended to January 5, 2018.

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4. As stated in the certificate of conference, counsel for Appellants does not oppose this motion.

For these reasons, Appellee Wellbeing Genomics Pty Ltd. respectfully requests that the Court grant it an extension for filing its Supplemental Brief, as requested by the Court, to January 5, 2018, and for such other and further relief to which it is entitled.

Respectfully submitted,

/s/ Robert W. Kantner

Robert W. Kantner

JONES DAY

Texas State Bar No. 1093900 2727 North Harwood Street Dallas, Texas 75201

Telephone: +1.214.969.3737 Facsimile: +1.214.969.5100

ATTORNEY FOR APPELLEE

WELLBEING GENOMICS PTY LTD.

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CERTIFICATE OF CONFERENCE The undersigned counsel hereby certifies, pursuant to the Texas Rule of Appellate Procedure 10.1(a)(5), that on December 10, 2017, I communicated by email with Marcy Hogan Greer, counsel for Appellants, regarding this motion for extension of time. Ms. Greer stated that her clients do not oppose the relief sought in this motion.

/s/ Robert W. Kantner

Robert W. Kantner

CERTIFICATE OF SERVICE

On December 13, 2017, I electronically filed this Motion for Extension of Time with the Clerk of the Court using the eFile.TXCourts.gov electronic filing system which will send notifications of such filing to the following counsel of record:

Marcy Hogan Greer

mgreer@adjtlaw.com

Alexander Dubose Jefferson & Townsend LLP 515 Congress Avenue, Suite 2350 Austin, Texas 78701-3562

William T. (“Tommy”) Jacks jacks@fr.com

Davis S. Morris

dmorris@fr.com

Fish & Richardson P.C.

111 Congress Avenue, Suite 810 Austin, Texas 78701

/s/ Robert W. Kantner

Robert W. Kantner