Regina Carson v. Blue Cross Blue Shield of Texas, Inc., a Division of Health Care Service Corporation, Anita C. Johnson, Yvonne Sternadel A/K/A Vonnie S., Lauren Collins Reeser OR, Laura M. McClelland

Court of Appeals of Texas

Regina Carson v. Blue Cross Blue Shield of Texas, Inc., a Division of Health Care Service Corporation, Anita C. Johnson, Yvonne Sternadel A/K/A Vonnie S., Lauren Collins Reeser OR, Laura M. McClelland

Court of Appeals of Texas·Decided January 15, 2025·No. 15-24-00108-CV·Published

Opinion

ACCEPTED

15-24-00108-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS

1/15/2025 12:07 PM

No. 15-24-00108-CV CHRISTOPHER A. PRINE CLERK

FILED IN

IN THE COURT OF APPEALS FOR THE FIFTEENTH DISTRICT 15th COURT OF APPEALS

AUSTIN, TEXAS

AUSTIN, TEXAS 1/15/2025 12:07:26 PM CHRISTOPHER A. PRINE

Clerk

REGINA CARSON,

Appellant

v.

BLUE CROSS BLUE SHIELD OF TEXAS, INC., a division of HEALTH CARE SERVICE CORPORATION, ANITA C. JOHNSON, YVONNE STERNADEL a/k/a VONNIE S., LAUREN COLLINS REESER OR LAURA M. MCCLELLAND a/k/a LORI, JANE CORDRAY a/k/a JANE, JASON RAMIREZ a/k/a JASON R., JENNIFER TRACEY a/k/a JENNIFER T., CHRISTOPHER FLINN a/k/a CHRIS, and TEACHERS RETIREMENT SYSTEM OF TEXAS d/b/a TEACHERS RETIREMENT SYSTEM OF TEXAS ACTIVECARE PLAN,

Appellees

From Cause No. CC-23-02212-E in the County Court at Law No. 5, Dallas County, Texas, Honorable Nicole Taylor, Presiding

APPELLANT’S SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S REPLY BRIEF

TO THE HONORABLE JUSTICES OF THE FIFTH COURT OF APPEALS:

COMES NOW, Regina Carson (“Appellant” or “Carson”), and files Appellant’s Second Unopposed Motion to Extend Time to File Appellant’s Reply Brief, and would show this Honorable Court as follows:

I.

BACKGROUND

Appellant’s Reply Brief is due on January 16, 2025 based on this Court’s letter of December 20, 2024. Appellant requests a second thirty (30) day extension until February 17, 2025.

No party opposes this extension.

II.

RELIEF REQUESTED

Appellant respectfully requests the Court grant her an extension until February 17, 2025 to file Appellant’s Reply Brief. This is the second extension request sought for Appellant’s Reply Brief.

III.

ARGUMENT AND AUTHORITIES

A. The Law Rule 10.5(b) of the Texas Rules of Appellate Procedure provides that a party may seek an extension of time to file its brief by complying with Rule 10.5(b)(1). See Tex. R. App. P. 38.6(d). A motion to extend time must include: (1) the deadline for filing the item at issue; (2) the length of the extension sought; (3) the facts relied on to support the request for an extension; and (4) the number of previous extensions granted. See Tex. R. App. P. 10.5(b)(1).

B. Application of the Law to the Facts Appellant has complied with Rule 10.5(b)(1) and demonstrated good cause for an extension. Appellant’s Reply Brief is currently due on January 16, 2025. Good cause exists for granting Appellant a thirty (30) day extension to February 17, 2025. Among other considerations, Plaintiff’s counsel has been involved in the following matters:

1. Response to Motions for Summary Judgment, Motion for Continuance, and related matters in Holbert v. Charles Noteboom, Brian Butcher, and Charles M. Noteboom, P.C. d/b/a Noteboom – the Law Firm, Cause No.

CC-24-01570-B, in the County Court at Law No. 2;

2. Significant motion practice including hearings in Angela Vasquez, Individually and a/n/f to A.V., A.V., and D.V., Minors, v. Auto Club County Mutual Insurance Company d/b/a AAA Texas, Brittany Burks, and Alejandro Padilla-Villavicencio, Cause No. CC-18-05739-C, in the County Court at Law No. 3;

3. Preparation of motion for writ of mandamus and request for stay in Melissa Hollmann and Scot Hollmann v. Van Shaw v. Paul Kramer, Cause No.

236-267402-13, in the 236th Judicial District of Tarrant County, Texas;

4. Preparation for trial including significant pretrial matters in Stacey Jean Relton v. Lynn Pinker Hurst & Schwegmann, LLP & Michael K. Hurst,

Cause No. DF-22-18203, in the 301st Judicial District of Dallas County, Texas; and

5. Preparation of motion to reconsider and mediation in Dristi Shrestha v.

Enya Hernandez Gonzalez, cause No. CC-19-02805-E, in the County Court at Law No. 5 of Dallas County, Texas.

In addition to the foregoing, Carson’s counsel spent time with out of town family including two of his daughters during the Christmas holidays.

The extension is not sought for delay, will not prejudice any party, and is made so that justice will be done. Appellees are unopposed to Appellant’s extension request.

Appellant requests the Court grant her an extension until February 17, 2025 to file Appellant’s Reply Brief.

IV.

CONCLUSION

Appellant has demonstrated good cause for the extension sought. Appellant’s request should be granted.

WHEREFORE, PREMISES CONSIDERED, Appellant prays this Honorable Court grant her motion as requested herein and grant Appellant such other and further relief to which she is entitled.

Respectfully submitted,

By: /s/ Mark A. Ticer

Mark A. Ticer

State Bar #20018900

mticer@ticerlaw.com

Jennifer W. Johnson

State Bar #24060029

jjohnson@ticerlaw.com

LAW OFFICE OF MARK A. TICER 10440 N. Central Expressway, Suite 600 Dallas, Texas 75231

(214) 219-4220

(214) 219-4218 (FAX)

ATTORNEYS FOR APPELLANT

REGINA CARSON

CERTIFICATE OF CONFERENCE

I hereby certify that I had a conference on January 14, 2025 with Appellees’

counsel who graciously advised that they do not oppose an extension for filing Appellants’ Reply Brief.

/s/ Mark A. Ticer

Mark A. Ticer

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served on all counsel of record, via e-file, on this the 15th day of January 2025.

/s/ Mark A. Ticer

Mark A. Ticer

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Lisa Amerson on behalf of Mark Ticer Bar No. 20018900 lamerson@ticerlaw.com Envelope ID: 96249487 Filing Code Description: Motion Filing Description: Appellant's Second Unopposed Motion to Extend Time to File Appellant's Reply Brief Status as of 1/15/2025 12:40 PM CST

Associated Case Party: Blue Cross Blue Shield of Texas, Inc., an unincorporated division of Health Care Service Corporation, a Mutual Legal Reserve Company

Name BarNumber Email TimestampSubmitted Status Alan York ayork@reedsmith.com 1/15/2025 12:07:26 PM SENT Scott Williams scott.williams@reedsmith.com 1/15/2025 12:07:26 PM SENT Martin Bishop mbishop@reedsmith.com 1/15/2025 12:07:26 PM SENT Cheryl Blount cblount@reedsmith.com 1/15/2025 12:07:26 PM SENT

Associated Case Party: ReginaCarson Name BarNumber Email TimestampSubmitted Status Brooke Bailey bbailey@ticerlaw.com 1/15/2025 12:07:26 PM SENT Michelle Smith msmith@ticerlaw.com 1/15/2025 12:07:26 PM SENT Mark Ticer mticer@ticerlaw.com 1/15/2025 12:07:26 PM SENT Jennifer Johnson jjohnson@ticerlaw.com 1/15/2025 12:07:26 PM SENT

Associated Case Party: Teachers Retirement System of Texas Name BarNumber Email TimestampSubmitted Status Thomas Bevilacqua thomas.bevilacqua@oag.texas.gov 1/15/2025 12:07:26 PM SENT Troy Sager troy.sager@oag.texas.gov 1/15/2025 12:07:26 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Lisa Amerson on behalf of Mark Ticer Bar No. 20018900 lamerson@ticerlaw.com Envelope ID: 96249487 Filing Code Description: Motion Filing Description: Appellant's Second Unopposed Motion to Extend Time to File Appellant's Reply Brief Status as of 1/15/2025 12:40 PM CST

Case Contacts Name BarNumber Email TimestampSubmitted Status Carolyn James cjames@reedsmith.com 1/15/2025 12:07:26 PM SENT Ana Falcon afalcon@reedsmith.com 1/15/2025 12:07:26 PM SENT Charletta Dawson cdawson@reedsmith.com 1/15/2025 12:07:26 PM SENT Callie Snider csnider@reedsmith.com 1/15/2025 12:07:26 PM SENT

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ACCEPTED

15-24-00108-CV

FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS

1/15/2025 12:07 PM

No. 15-24-00108-CV CHRISTOPHER A. PRINE CLERK

FILED IN

IN THE COURT OF APPEALS FOR THE FIFTEENTH DISTRICT 15th COURT OF APPEALS

AUSTIN, TEXAS

AUSTIN, TEXAS 1/15/2025 12:07:26 PM CHRISTOPHER A. PRINE

Clerk

REGINA CARSON,

Appellant

v.

BLUE CROSS BLUE SHIELD OF TEXAS, INC., a division of HEALTH CARE SERVICE CORPORATION, ANITA C. JOHNSON, YVONNE STERNADEL a/k/a VONNIE S., LAUREN COLLINS REESER OR LAURA M. MCCLELLAND a/k/a LORI, JANE CORDRAY a/k/a JANE, JASON RAMIREZ a/k/a JASON R., JENNIFER TRACEY a/k/a JENNIFER T., CHRISTOPHER FLINN a/k/a CHRIS, and TEACHERS RETIREMENT SYSTEM OF TEXAS d/b/a TEACHERS RETIREMENT SYSTEM OF TEXAS ACTIVECARE PLAN,

Appellees

From Cause No. CC-23-02212-E in the County Court at Law No. 5, Dallas County, Texas, Honorable Nicole Taylor, Presiding

APPELLANT’S SECOND UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANT’S REPLY BRIEF

TO THE HONORABLE JUSTICES OF THE FIFTH COURT OF APPEALS:

COMES NOW, Regina Carson (“Appellant” or “Carson”), and files Appellant’s Second Unopposed Motion to Extend Time to File Appellant’s Reply Brief, and would show this Honorable Court as follows:

I. BACKGROUND

Appellant’s Reply Brief is due on January 16, 2025 based on this Court’s letter of December 20, 2024. Appellant requests a second thirty (30) day extension until February 17, 2025.

No party opposes this extension.

II.

RELIEF REQUESTED

Appellant respectfully requests the Court grant her an extension until February 17, 2025 to file Appellant’s Reply Brief. This is the second extension request sought for Appellant’s Reply Brief.

III.

ARGUMENT AND AUTHORITIES

A. The Law Rule 10.5(b) of the Texas Rules of Appellate Procedure provides that a party may seek an extension of time to file its brief by complying with Rule 10.5(b)(1). See Tex. R. App. P. 38.6(d). A motion to extend time must include: (1) the deadline for filing the item at issue; (2) the length of the extension sought; (3) the facts relied on to support the request for an extension; and (4) the number of previous extensions granted. See Tex. R. App. P. 10.5(b)(1).

B. Application of the Law to the Facts Appellant has complied with Rule 10.5(b)(1) and demonstrated good cause for an extension. Appellant’s Reply Brief is currently due on January 16, 2025. Good cause exists for granting Appellant a thirty (30) day extension to February 17, 2025. Among other considerations, Plaintiff’s counsel has been involved in the following matters:

1. Response to Motions for Summary Judgment, Motion for Continuance, and related matters in Holbert v. Charles Noteboom, Brian Butcher, and Charles M. Noteboom, P.C. d/b/a Noteboom – the Law Firm, Cause No.

CC-24-01570-B, in the County Court at Law No. 2;

2. Significant motion practice including hearings in Angela Vasquez, Individually and a/n/f to A.V., A.V., and D.V., Minors, v. Auto Club County Mutual Insurance Company d/b/a AAA Texas, Brittany Burks, and Alejandro Padilla-Villavicencio, Cause No. CC-18-05739-C, in the County Court at Law No. 3;

3. Preparation of motion for writ of mandamus and request for stay in Melissa Hollmann and Scot Hollmann v. Van Shaw v. Paul Kramer, Cause No.

236-267402-13, in the 236th Judicial District of Tarrant County, Texas;

4. Preparation for trial including significant pretrial matters in Stacey Jean Relton v. Lynn Pinker Hurst & Schwegmann, LLP & Michael K. Hurst,

Cause No. DF-22-18203, in the 301st Judicial District of Dallas County, Texas; and

5. Preparation of motion to reconsider and mediation in Dristi Shrestha v.

Enya Hernandez Gonzalez, cause No. CC-19-02805-E, in the County Court at Law No. 5 of Dallas County, Texas.

In addition to the foregoing, Carson’s counsel spent time with out of town family including two of his daughters during the Christmas holidays.

The extension is not sought for delay, will not prejudice any party, and is made so that justice will be done. Appellees are unopposed to Appellant’s extension request.

Appellant requests the Court grant her an extension until February 17, 2025 to file Appellant’s Reply Brief.

IV. CONCLUSION