Medical Discount Pharmacy, L.P., Lifechek Rosenberg GP, Inc., LifeChek, Inc. and Bruce v. Gingrich, Individually v. State of Texas

Opinion

ACCEPTED 01-13-00963-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 8/21/2015 5:08:20 PM CHRISTOPHER PRINE CLERK

No. 01-13-00963-CV

FILED IN IN THE FIRST COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS HOUSTON, TEXAS 8/21/2015 5:08:20 PM CHRISTOPHER A. PRINE Clerk MEDICAL DISCOUNT PHARMACY, L.P., LIFECHEK ROSENBERG GP, INC., LIFECHEK, INC., AND BRUCE V. GINGRICH, INDIVIDUALLY, Appellants v.

STATE OF TEXAS, Appellee

On Appeal from Cause No. 12-DCV-196841 In the 434th District Court of Fort Bend County, Texas

APPELLANTS’ MOTION FOR A 14-DAY EXTENSION OF TIME TO FILE MOTION FOR REHEARING

Levon G. Hovnatanian State Bar No. 10059825 hovnatanian@mdjwlaw.com Bruce E. Ramage State Bar No. 16492500 ramage@mdjwlaw.com MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P. 808 Travis, 20th Floor Houston, Texas 77002 (713) 632-1700 – Phone (713) 222-0101 – Facsimile TO THE HONORABLE COURT OF APPEALS:

Come now the appellants—Medical Discount Pharmacy, L.P., Lifechek

Rosenberg GP, Inc., Lifechek, Inc., and Bruce V. Gingrich, Individually

(collectively, “Appellants”)—and respectfully move for a 14-day extension of time

to file their motion for rehearing. Appellants have requested and received one

previous extension of time (30 days) to file their motion for rehearing.

The current deadline for Appellants to file their motion for rehearing is

Friday, August 21, 2015. This motion is e-filed on Friday, August 21, 2015, and is

therefore timely filed. See Tex. R. App. P. 49.8.

The facts reasonably relied upon to explain the need for an extension of time

are as follows. Levon G. Hovnatanian, Appellants’ appellate counsel, has been

extremely busy with other pressing matters, including:

1. Mr. Hovnatanian’s father’s wife’s father, who lived in Simpson,

Louisiana, passed away a few days ago. That has necessitated Mr. Hovnatanian

making several trips.

2. Mr. Hovnatanian is preparing for oral argument on behalf of the

respondent, Liberty Insurance Corporation, in Cause No. 14-0753, U.S. Metals,

Incorporated v. Liberty Mutual Group, Incorporated d/b/a Liberty Insurance

Corporation, scheduled for September 2, 2015, in the Supreme Court of Texas.

1 3. Mr. Hovnatanian is preparing the Brief of Appellee BNSF Railway

Company, in Cause No. 05-14-01575-CV; William T. Dickson, Appellant v. BNSF

Railway Company and Fellers Snider Blankenship Bailey & Tippens, P.C.; due on

August 21, 2015; in the Dallas Court of Appeals.

4. Mr. Hovnatanian is preparing the brief of appellee Integrity Insurance

Solutions, in Cause No. 14-15-00042-CV; Benson Scott Wyly v. Essex Insurance

Company, U.S. Risk, Inc., and Integrity Insurance Solutions; due on August 31,

2015; in the Fourteenth Court of Appeals.

Considering the above, Appellants respectfully move the Court for an

extension of time of 14 days to file their motion for rehearing, that is, to and

including Friday, September 4, 2015.

2 Respectfully submitted,

MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.

By: /s/ Levon G. Hovnatanian Levon G. Hovnatanian State Bar No. 10059825 hovnatanian@mdjwlaw.com Bruce E. Ramage State Bar No. 16492500 ramage@mdjwlaw.com 808 Travis, 20th Floor Houston, Texas 77002 (713) 632-1700 – Telephone (713) 222-0101 – Facsimile

ATTORNEYS FOR APPELLANTS MEDICAL DISCOUNT PHARMACY, L.P., LIFECHEK ROSENBERG GP, INC., LIFECHEK, INC., AND BRUCE V. GINGRICH, INDIVIDUALLY

CERTIFICATE OF CONFERENCE

This is to certify that on August 21, 2015, the undersigned attempted to confer with Ms. Rosemarie M. Donnelly, lead appellate counsel for appellee the State of Texas, regarding whether she opposes this motion, but was unable to reach her.

/s/ Levon G. Hovnatanian Levon G. Hovnatanian

CERTIFICATE OF COMPLIANCE

This is to certify that this computer-generated motion for a 14-day extension of time to file motion for rehearing contains 311 words.

/s/ Levon G. Hovnatanian Levon G. Hovnatanian Dated: August 21, 2015

3 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the above and foregoing motion has been forwarded to all counsel listed below on this 21st day of August, 2015, by the methods indicated below:

Ms. Rosemarie M. Donnelly OFFICE OF THE ATTORNEY GENERAL Consumer Protection and Public Health Division 808 Travis, Suite 1520 Houston, TX 77002 rosemarie.donnelly@texasattorneygeneral.gov (Attorneys for appellee the State of Texas) (via e-filing and e-mail )

/s/ Levon G. Hovnatanian Levon G. Hovnatanian