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

7/9/2015 2:25:20 PM

CHRISTOPHER PRINE

CLERK

NO. 01-14-767-CV

FILED IN

1st COURT OF APPEALS

In the First Court of Appeals HOUSTON, TEXAS 7/9/2015 2:25:20 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 MOTION FOR PANEL REHEARING AND MOTION FOR EN BANC RECONSIDERATION

Appellee-Defendant U.T. Physicians (“U.T. Physicians”) files this First Unopposed Motion for Extension of Time to File Motion for Panel Rehearing and Motion for En Banc Reconsideration. In support thereof, U.T. Physicians respectfully shows this Court the following:

1. On July 7, 2015, this Court issued its opinion and judgment reversing

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the trial court’s order granting U.T. Physician’s plea to the jurisdiction and remanding the case to the trial court for further proceedings.

2. U.T. Physicians’ motion for panel rehearing and motion for en banc reconsideration is currently due on July 22, 2015.

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

Physicians a 15-day extension of time from July 22, 2015 to August 6, 2015 to file its motion for panel rehearing and motion for en banc reconsideration.

4. U.T. Physicians submits that good cause exists for such an extension based on counsel for U.T. Physicians’ engagement in the following matters and absence from the office from July 11, 2015 to July 18, 2015:

• Preparation of a jury charge in Case No. 2:13-cv-1113;

Promethean Insulation Technology, LLC v. Reflectix, Inc.; In the United States District Court for the Eastern District of Texas (Marshall Division); and

• Preparation of pretrial briefing in Cause No. 2009-10-5624-B;

Tompkins v. Cameron County, Texas; In the 138th Judicial District Court of Cameron County, Texas.

5. This is U.T. Physicians’ first motion for extension of time to file its motion for panel rehearing and motion for en banc reconsideration, and said motion is filed not for the purpose of delay but so that justice may be done.

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

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CONCLUSION

For the reasons stated above, U.T. Physicians respectfully requests that this Court: (1) grant Appellee’s First Unopposed Motion for Extension of Time to File Motion for Panel Rehearing and Motion for En Banc Reconsideration; and (2) grant U.T. Physicians a 15-day extension of the deadline for filing its motion for panel rehearing and motion for en banc reconsideration from July 22, 2015 to August 6, 2015. U.T. Physicians further respectfully requests that this Court grant U.T. Physicians all other relief to which it is entitled.

Respectfully submitted,

NORTON ROSE FULBRIGHT US 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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KEN PAXTON

Attorney General of Texas

Jason Warner

Assistant Attorney General State Bar No. 24028114

jason.warner@texasattorneygeneral.gov P.O. Box 12548, Capitol Station Austin, Texas 78711-2548

Telephone:(512) 463-2197

Facsimile: (512) 463-2224

* Signed By Permission

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 359 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 Motion for Panel Rehearing and Motion for En Banc Reconsideration was served pursuant to Texas Rule of Appellate Procedure 9.5 through the electronic filing manager and/or by electronic mail on July 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 Appellants)

/s/ Warren S. Huang

Warren S. Huang