in Re: Anita DeJaynes, Individually and as Next Friend of A. D., N. M. D. and E. M. D., Minor Children

• Court: Court of Appeals of Texas
• Decided: May 21, 2018
• Docket: 08-18-00075-CV
• Status: Published

Opinion

ACCEPTED 08-18-00075-CV 08-18-00075-CV EIGHTH COURT OF APPEALS EL PASO, TEXAS 5/21/2018 2:34 PM DENISE PACHECO CLERK

N O . 08-18-00075-CV

IN THE E IGHTH C OURT OF A PPEALS FILED IN 8th COURT OF APPEALS E L P ASO , T EXAS EL PASO, TEXAS 5/21/2018 2:34:03 PM DENISE PACHECO Clerk IN RE : A NITA D E J AYNES , I NDIV IDUALLY AND AS N EXT F RIEND OF A.D., N.M.D., AND E.M.D., M INORS

O PPOSED M O TION TO E XTEND T IME TO F I LE R ESPONSE TO P ETI TION FOR W RI T OF M ANDAMUS

TO THE H ONORABLE C OURT OF A PPEALS : Real Party in Interest Texas Mutual Insurance Company files this motion under Texas Rules of Appellate Procedure 10.5(b) requesting a nine-day extension of time to file its response to the petition for writ of mandamus. Relator Anita DeJaynes opposes this motion. 1. Relator filed her petition for writ of mandamus on May 1, 2018. 2. On May 2, 2018, the Court requested that Texas Mutual respond in three weeks. The current deadline to respond is May 23, 2018. 3. On May 3, 2018, Texas Mutual’s general counsel, Mary Barrow

Nichols, left the country for a pre-planned family vacation. As part of her duties as general counsel, Ms. Nichols reviews all appellate briefs on behalf of Texas Mutual and participates in preparing those briefs. Her first day back to work is May 21, 2018. 4. Immediately upon her return, Ms. Nichols will be preparing for and attending meetings with Texas Mutual’s board of directors. Committee meetings will take place May 22, 2018, and the board meeting will occur May 23, 2018. Ms. Nichols has had insufficient opportunity to participate in preparing Texas Mutual’s

response to the petition for writ of mandamus. 5. In addition, Texas Mutual’s outside counsel, R. Scott Placek and Matthew Foerster, are engaged in other matters with pressing deadlines,

commitments, and ongoing work that make it difficult to meet the current three-week deadline in this case (even if Texas Mutual’s general counsel had been available), including the following:

a. Preparing for and taking the oral deposition of a key witness on May 16, 2018, and preparing for a summary judgment hearing set on May 29, 2018, in Cause No. D-1-GN-12-001052, in the 200th Judicial District of Travis County, Texas.

b. Preparing a lengthy dispositive motion and plea in abatement that will be filed this week in Cause No. 2017CI01523, in the 438th Judicial District of Bexar County, Texas.

c. Preparing a response to a petition for review requested by the Texas Supreme Court on May 18, 2018, in Case No. 18-0211. 6. Mr. Foerster also has been out of town May 10-13, 2018, for previously scheduled family vacation. 7. Texas Mutual requests a nine-day extension of time to file its response, making the response due on June 1, 2018. If granted, Texas Mutual will have had a total of 30 days to respond to Relator’s Petition for Writ of Mandamus. 8. Texas Mutual requests this short extension to allow Ms. Nichols time to review the petition for writ of mandamus at issue and to work with counsel in

2 preparing a response on behalf of Texas Mutual to aid this Court in its analysis of the issues presented.

9. This is Texas Mutual’s first request for an extension. The request is not sought for delay but so that justice may be done. Relator Anita DeJaynes opposes the relief sought in this motion.

10. All facts recited in this motion are within the personal knowledge of the counsel signing this motion; thus no verification is necessary. Tex. R. App. P. 10.2. Prayer

For the reasons provided, Real Party in Interest Texas Mutual Insurance Company requests that its deadline to file its response brief be extended up to and including June 1, 2018.

Respectfully submitted,

By: /s/ R. Scott Placek Mary Barrow Nichols R. Scott Placek State Bar No. 01831600 State Bar No. 00784769 Shannon Simmons Pounds Matthew J. Foerster State Bar No. 24011600 State Bar No. 24065238 Texas Mutual Insurance Company Arnold & Placek, P.C. 6210 E. Hwy. 290 203 E. Main St., Suite 201 Austin, Texas 78723 Round Rock, Texas 78664 (512) 224-2723 (512) 341-7044 512) 224-3214 (fax) (512) 341-7921 (fax) mnichols@texasmutual.com splacek@arnoldplacek.com spounds@texasmutual.com mfoerster@arnoldplacek.com

Counsel for Real Party in Interest, Texas Mutual Insurance Company May 21, 2018

3 Certificate of Conference I certify that I conferred with Relator’s counsel, John Gibson, by email on May 21, 2018, and he indicated that Relator is opposed to this motion.

/s/ Matthew J. Foerster Counsel for Texas Mutual

Certificate of Service I certify that a true and correct copy of this document has been served electronically to the following parties and attorneys of record on May 21, 2018.

John E. Gibson Law Offices of John Gibson 1320 Avenue Q Lubbock, Texas 79408 johngibson@gibsonfirm.com Counsel for Relator, Anita DeJaynes

The Honorable Mike Swanson 143rd Judicial District Court Ward County, Texas crtadm143@co.ward.tx.us Respondent /s/ Matthew J. Foerster Counsel for Texas Mutual