Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight , Individually and as Next Friend of Nayla McKnight v. U.T. Physicians

Opinion

ACCEPTED

01-14-00767-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS 1/9/2015 4:18:36 PM CHRISTOPHER PRINE

CLERK

NO. 01-14-767-CV

FILED IN

1st COURT OF APPEALS

In the First Court of Appeals HOUSTON, TEXAS 1/9/2015 4:18:36 PM

Houston, Texas CHRISTOPHER A. PRINE Clerk

Shirley Lenoir, Individually and as Personal Representative of the Estate of Shana Lenoir and Christopher McKnight, Individually and as Next Friend of Nayla McKnight, Appellants-Plaintiffs,

v.

U.T. Physicians, Appellee-Defendant.

On Accelerated Appeal From Cause No. 2012-35806 In the 164th Judicial District Court of Harris County, Texas Honorable Alexandra Smoots-Hogan, Presiding Judge

APPELLEE’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF ON THE MERITS

Appellee-Defendant U.T. Physicians (“U.T. Physicians”) files this First

Unopposed Motion for Extension of Time to File Response Brief on the Merits. In

support thereof, U.T. Physicians respectfully shows this Court the following:

1. On September 12, 2014, Appellants Shirley Lenoir, Individually and

as Personal Representative of the Estate of Shana Lenoir, and Christopher

McKnight, Individually and as Next Friend of Nayla McKnight (collectively, “the

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Lenoirs”) filed their notice of appeal in this proceeding.

2. On January 5, 2015, by extension of time granted by this Court, the

Lenoirs filed their opening brief on the merits.

3. U.T. Physicians’ response brief on the merits is currently due on

January 26, 2015.

4. U.T. Physicians respectfully requests that this Court grant U.T.

Physicians a 21-day extension of time from January 26, 2015 to February 16, 2015

to file its response brief on the merits.

5. U.T. Physicians submits that good cause exists for such an extension

based on counsel for U.T. Physicians’ engagement in the following matters:

• Preparation of a letter brief on appellate jurisdiction in No. 02-

14-405-CV; Rollins v. Hart Security Ltd.; In the Second Court of Appeals (due on January 16, 2015);

• Preparation of a motion for panel rehearing in No. 04-14-153-

CV; Gaskill v. VHS San Antonio Partners, LLC; In the Fourth Court of Appeals (due on January 16, 2015);

• Preparation of a response to a petition for review in No. 14-

0697; Lenoir v. Matthews; In the Supreme Court of Texas (due on January 20, 2015);

• Preparation of an opening brief on the merits in No. 14-0362;

CHRISTUS Health Gulf Coast v. Carswell; In the Supreme Court of Texas (due on January 20, 2015); and

• Preparation of a jury charge in Cause No. 13-10-12107-

DCVAJA; Dimmit Wood Properties, Ltd. v. Chesapeake Exploration, LLC; In the 365th Judicial District Court of Dimmit County, Texas (due on January 23, 2015).

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6. This is U.T. Physicians’ first motion for extension of time to file its

opening brief on the merits and is filed not for the purpose of delay but so that

justice may be done.

7. The Lenoirs do not oppose the relief requested in this motion.

CONCLUSION

For the reasons stated above, U.T. Physicians respectfully requests that this

Court grant Appellee’s First Unopposed Motion for Extension of Time to File

Response Brief on the Merits. U.T. Physicians further respectfully requests that

this Court grant U.T. Physicians all other relief to which it is entitled.

Respectfully submitted,

FULBRIGHT & JAWORSKI LLP

By /s/ Warren S. Huang David Iler State Bar No. 10386480 david.iler@nortonrosefulbright.com Warren Huang State Bar No. 00796788 warren.huang@nortonrosefulbright.com Jaqualine McMillan State Bar No. 24082955 Jaqualine.mcmillan@nortonrosefulbright.com 1301 McKinney, Suite 5100 Houston, Texas 77010-3095 Telephone: (713) 651-5151 Facsimile: (713) 651-5246

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GREG ABBOTT Attorney General of Texas

By /s/ Jason Warner

Jason Warner Assistant Attorney General State Bar No. 24028114 jason.warner@texasattorneygeneral.gov Bridget McKinley Assistant Attorney General State Bar No. 00788023 bridget.mckinley@texasattorneygeneral.gov P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 463-2197 Facsimile: (512) 463-2224

Counsel for Appellee U.T. Physicians

CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), the undersigned

counsel – in reliance upon the word count of the computer program used to prepare

this document – certifies that this motion contains 402 words, excluding the words

that need not be counted under Texas Rule of Appellate Procedure 9.4(i)(1).

/s/ Warren S. Huang

Warren S. Huang

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CERTIFICATE OF CONFERENCE

Counsel for Appellee has conferred with counsel for Appellants regarding

the filing of this motion, and Appellants do not oppose the relief requested in this

motion.

/s/ Warren S. Huang

Warren S. Huang

CERTIFICATE OF SERVICE

I hereby certify that a copy of Appellee’s First Unopposed Motion for

Extension of Time to File Response Brief on the Merits was served pursuant to

Texas Rule of Appellate Procedure 9.5 through the electronic filing manager

and/or by electronic mail on January 9, 2015, upon the following:

Mr. Joseph M. Gourrier THE GOURRIER LAW FIRM 530 Lovett Boulevard, Suite B Houston, Texas 77006 joseph@gourrierlaw.com (Counsel for Appellant)

/s/ Warren S. Huang

Warren S. Huang