Kelsey-Seybold Medical Group, PLLC D/B/A Kelsey -Seybold Clinic v. Great-West Healthcare of Texas, Inc.

• Court: Court of Appeals of Texas
• Decided: March 22, 2018
• Docket: 01-17-00663-CV
• Status: Published

Opinion

ACCEPTED 01-17-00663-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/22/2018 3:56 PM CHRISTOPHER PRINE CLERK

No. 01-17-00663-CV

FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS HOUSTON, TEXAS 3/22/2018 3:56:53 PM CHRISTOPHER A. PRINE Clerk

KELSEY-SEYBOLD MEDICAL GROUP, PLLC, d/b/a KELSEY-SEYBOLD CLINIC

Appellant/Cross-Appellee, v.

GREAT-WEST HEALTHCARE OF TEXAS, INC.,

Appellee/Cross-Appellant.

UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE/CROSS-APPELLANT

Jeffrey L. Oldham State Bar No. 24051132 jeff.oldham@bracewell.com Sean Gorman Elizabeth F. Eoff BRACEWELL LLP 711 Louisiana Street, Suite 2300 Houston, Texas 77002 Telephone: (713) 221-1225 Facsimile: (713) 221-2102

Attorneys for Appellee/Cross-Appellant Great-West Healthcare of Texas, Inc. Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),

Appellee/Cross-Appellant Great-West Healthcare of Texas, Inc. (“Great-West”)

files this Unopposed First Motion for Extension of Time to File Brief of

The Court granted the parties’ Joint Motion for Briefing Schedule,

establishing a consolidated briefing schedule for this appeal and cross-appeal.

Appellant filed its opening Brief of Appellant on February 26, 2018, which makes

Great-West’s combined Brief of Appellee/Cross-Appellant due on March 28, 2018.

Great-West requests an extension of time of 30 days to file this brief, i.e., to and

including April 27, 2018. This is the first request for an extension of time on this

brief. Counsel for Appellant has indicated it is not opposed to this request.

The requested extension is needed because Jeff Oldham, appellate counsel

with primary responsibility for preparing this brief, has had a number of conflicting

work deadlines and responsibilities, including: (1) preparing a Petition for Review

filed in the Texas Supreme Court on March 9, 2018 in Vopak Terminal Deer Park,

Inc. v. Vertical North America, Inc., et al., No. 18-0150; (2) preparing two

supplemental letter briefs filed on March 7 and 15, 2018 in Equistar Chemicals, LP

v. Westlake Chemical Corp., No. 17-1548 (consolidated with 17-1549) (Fed. Cir.);

(3) preparing a Brief of Appellant filed on March 21, 2018 in Grupo Mexico S.A.B.

de C.V. v. Mt. McKinley Ins. Co., et al., No. 13-17-00134-CV (Tex. App.—Corpus

-2- Christi); and (4) preparing a response to proposed findings of fact and conclusions

of law, being filed on March 22, 2018, in BMC Software v. International Business

Solutions, Civil Action No. 4:17-cv-2254, Southern District of Texas. Also, Mr.

Oldham was out of town on spring break vacation from March 9-16, 2018.

PRAYER

For these reasons, Great-West prays that this Court grants a 30-day extension

of time to file its Brief of Appellee/Cross-Appellant, to and including April 27, 2018.

Great-West also prays for such other relief to which it may be entitled.

Respectfully submitted,

BRACEWELL LLP

By: /s/ Jeffrey L. Oldham Jeffrey L. Oldham State Bar No. 24051132 jeff.oldham@bracewell.com Sean Gorman State Bar No. 08218100 sean.gorman@bracewell.com Elizabeth F. Eoff State Bar No. 24095062 elizabeth.eoff@bracewell.com 711 Louisiana Street, Suite 2300 Houston, Texas 77002 Telephone: (713) 221-1225 Facsimile: (713) 221-2102

Attorneys for Appellee/Cross-Appellant Great-West Healthcare of Texas, Inc.

-3- CERTIFICATE OF CONFERENCE I certify that I have conferred with David George, counsel for Appellant, and Appellant does not oppose the relief requested in this motion.

/s/ Jeffrey L. Oldham Jeffrey L. Oldham

CERTIFICATE OF SERVICE I certify that a true and correct copy of this Unopposed First Motion for Extension of Time to File Brief of Appellee/Cross-Appellant has been served on all counsel of record listed below via the Court’s efiling system on March 22, 2018:

Earnest R. Wotring David George Karen R. Dow Baker Wotring LLP 600 Travis Street Houston, Texas 77002 ewotring@bakerwotring.com

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