MJS and Associates, L.L.C., a Texas Limited Liability Corporation v. Judy Master, RN and Matthew Master

Opinion

ACCEPTED 12-15-00219-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 12/18/2015 2:47:22 PM Pam Estes CLERK

No. 12-15-00219-CV

FILED IN 12th COURT OF APPEALS TYLER, TEXAS In the Court of Appeals 12/18/2015 2:47:22 PM Twelfth District of Texas at Tyler PAM ESTES Clerk

MJS and Associates, L.L.C. Appellant

v.

Judy Master, RN and Matthew Master Appellees

Appeal from the 145th Judicial District Court Nacogdoches County, Texas Cause No. C127910, Hon. Campbell Cox, II, Presiding

Appellees Judy Master and Matthew Master’s Unopposed Motion to Extend Time for Filing Appellees’ Brief

I. Introduction Under Texas Rule of Appellate Procedure 10.5(b), Appellees Judy and

Matthew Master (“Appellees”) request a three week extension of time in which to

complete and file the Appellees’ Brief in this case, making the brief due on January

11, 2016.

This motion is unopposed by the Appellant. II. Rule 10.5(b) Requirements

A. Current Deadline The current deadline for Appellees’ Brief is December 21, 2015.

B. Extension Appellees seek an extension of three weeks until January 11, 2016.

Appellees have not requested any previous extensions for this brief and did not

oppose Appellant’s request for a three week extension of their brief.

C. Reasonable Explanation Having reviewed Appellant’s Brief, this appeal involves several legal issue

that will require additional time to sufficiently research and brief. Additionally,

numerous competing projects with prior deadlines have taken and will continue to

take lead counsel’s time in addition to the ordinary press of business:

 Assisting with extensive Rule 23(f) briefing and participating in

recent multi-day Daubert hearings (December 15-16, 2015) in In re

Processed Egg Products Antitrust Litigation, MDL No. 2002, Case

No. 2:08-md-02002-GEKP (E.D. Pa.)

 Preparing post-trial briefing in Osborn v. Griffin, et al., Case No.

2:11-cv-00089-WOB-REW (E.D. Ky.) and Holt, et al. v. Griffin, et

al., Case No. 2:11-cv-00089 (ED. Ky). Lead counsel participated

in a two week trial in September, 2015; proposed Findings of Fact

Appellees’ Unopposed Motion to Extend Page 2 Time to File Appellees’ Brief and Conclusions of Law and Post-Trial briefing was due on

November 21, 2015. A Motion to Reopen and Supplement the

Trial Record (November 21, 2015) and a Motion to Enforce

Settlement (December 17, 2015) were recently filed and we expect

expedited briefing on the latter Motion to occur in the next couple

of weeks and in early January and possible a reopening of

discovery on an expedited basis.

In order to adequately assist the Court in deciding the issues in this case,

counsel requests an additional 3 weeks in order to complete Appellees’ Brief. No

act of Appellees contributed to the need for an extension of time.

III. Prayer Appellees request an extension of 3 weeks to file their brief, making the

brief due on January 11, 2016.

Respectfully submitted, /s/ Joseph M. Callow, Jr. Travis P. Clardy travis.clardy@kellyhart.com Texas Bar No. 04268020 Jerry W. Baker Jerry.baker@kellyhart.com Texas Bar No. 24026776 KELLY, HART & HALLMAN, LLP 209 E. Main St. P.O. Box 635426 Nacogdoches, Texas 75961 Ph: (936) 564-2500

Appellees’ Unopposed Motion to Extend Page 3 Time to File Appellees’ Brief Fax: (936) 564-2507

Joseph M. Callow, Jr. (admitted pro hac) JCALLOW@KMKLAW.com KEATING MUETHING & KLEKAMP One East Fourth St., Suite 1400 Cincinnati, Ohio 45202 Ph: (513) 579-6400 Fax: (513) 579-6457

Attorneys for Appellees

Certificate of Conference I communicated with Michelle Meriam, lead counsel for Appellant, on December 18, 2016. Appellant does not oppose this motion. /s/ Joseph M. Callow, Jr. Joseph M. Callow, Jr.

Certificate of Service On December 18, 2015, before the last day for filing this motion, a true and correct copy of this motion was provided to all counsel of record as follows: Michell R. Meriam michellemeriam@warejackson.com Timothy F. Lee timlee@warejackson.com WARE, JACKSON, LEE, O’NEILL, SMITH & BARROW, LLP 2929 Allen Parkway, 39th Floor Houston, Texas 77019 Ph: (713) 659-6400 Fax: (713) 659-6262

FAIRCHILD, PRICE, HALEY & SMITH, LLP Russell R. Smith rsmith@fairchildlawfirm.com W. Wade Flasowski wflasowski@fairchildlawfirm.com

Appellees’ Unopposed Motion to Extend Page 4 Time to File Appellees’ Brief P.O. Drawer 631668 Nacogdoches, Texas 75963-1668 Ph: (936) 569-2327 Fax: (936) 569-7932

KENNEDY ATTORNEY & COUNSELORS AT LAW Mark Kennedy mark@markkennedylaw.com Joanna Martin joanna@markkennedylaw.com 12222 Merit Drive, Suite 1750 Dallas, Texas 75251 Ph: (214) 445-0740 Fax: (972) 661-9320

Attorneys for Appellant /s/ Joseph M. Callow, Jr. Joseph M. Callow, Jr.

6492702.1

Appellees’ Unopposed Motion to Extend Page 5 Time to File Appellees’ Brief