Neurodiagnostic Tex, L.L.C. v. Robert "Josh" Pierce and Synergy IOM, LLC

• Court: Court of Appeals of Texas
• Decided: January 19, 2015
• Docket: 12-14-00254-CV
• Status: Published

Opinion

ACCEPTED 12-14-00254-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 1/19/2015 8:58:45 AM CATHY LUSK CLERK

No. 12-14-00254-CV FILED IN 12th COURT OF APPEALS COURT OF APPEALS FOR THE TWELFTH TYLER, TEXAS DISTRICT 1/19/2015 8:58:45 AM TYLER, TEXAS CATHY S. LUSK Clerk

NEURODIAGNOSTIC TEX, L.L.C. Appellant,

v.

ROBERT JOSH PIERCE and SYNERGY IOM, LLC Appellees.

On Appeal from the 7th District Court, Smith County, Texas, Cause No. 13-3357-A Honorable Kerry L. Russell, Presiding.

APPELLEES’ MOTION FOR EXTENSION OF TIME TO FILE APPELLEES’ BRIEFS

TO THE HONORABLE COURT:

COMES NOW, Appellees Robert Josh Pierce and Synergy IOM, LLC

(together “Appellees”) and respectfully request the Court for a 45-day extension of

time for Appellees to file their respective briefs. In support hereof, Appellees

would respectfully show the following:

APPELLEES’ MOTION FOR EXTENSION OF TIME Page 1 TO FILE BRIEFS #162279 I. INTRODUCTION

1. Appellant is Neurodiagnostic Tex. LLC. Appellees have conferred with

Appellant regarding this motion.

2. This Motion is not subject to the 10-day waiting period for determination of

motions because all parties agree to the request. TEX. R. APP. P. 10.3.

II. ARGUMENT & AUTHORITIES

3. This Court may grant an extension of time for the filing of Appellees’ briefs.

TEX. R. APP. P. 10.5.

4. The present deadline for the filing of Appellees’ briefs is January 23, 2015,

which is thirty days after Appellant’s brief was filed.

5. Appellees request a 45-day extension to file their respective briefs; thus,

extending the deadline for the filing of Appellees’ briefs until Monday,

March 9, 2015.

6. Appellees request an extension of time based on conflicts with other

deadlines. In particular, Appellees’ counsel have conflicts with other

matters, including but not limited to: (i) a February 2, 2015 trial setting in

Cause Number 141-2710178-14 pending in the 141st District Court of

Tarrant County; and (ii) deadlines for filing dispositive motions in Cause

Number 4:13-cv-00723-A pending in the Northern District of Texas, Fort

Worth Division.

APPELLEES’ MOTION FOR EXTENSION OF TIME Page 2 TO FILE BRIEFS #162279 7. This is Appellees first request for an extension of time to file their respective

briefs.

III. PRAYER

WHEREFORE PREMISES CONSIDERED, Appellees Robert Josh Pierce

and Synergy IOM, LLC respectfully request the Court to grant each of them an

extension of time to file their respective Appellee’s briefs until Monday, March 9,

2015.

Respectfully submitted,

/s/Brent Shellhorse Brent Shellhorse State Bar No. 24008022 bshellhorse@whitakerchalk.com Hunter McLean State Bar No. 00788026 WHITAKER CHALK SWINDLE & SCHWARTZ PLLC 301 Commerce Street, Suite 3500 Fort Worth, Texas 76102 Telephone: (817) 878-0500 Telecopier: (817) 878-0501

ATTORNEYS FOR DEFENDANT SYNERGY IOM, LLC

APPELLEES’ MOTION FOR EXTENSION OF TIME Page 3 TO FILE BRIEFS #162279 CERTIFICATE OF CONFERENCE

On January 14, 2015, I spoke with Debra Crafton, counsel for Appellant, regarding the merits of this motion. Ms. Crafton agrees to Appellees’ request of time as set forth in this motion.

/s/ Brent Shellhorse Brent Shellhorse

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served upon counsel of record via electronic filing and/or electronic mail on January 19, 2015.

APPELLEES’ MOTION FOR EXTENSION OF TIME Page 4 TO FILE BRIEFS #162279