Texas Department of Insurance, Division of Workers' Compensation v. Linda Green

Opinion

ACCEPTED 01-15-00321-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/10/2015 1:36:20 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00321-CV ____________________________________________________ FILED IN 1st COURT OF APPEALS IN THE FIRST COURT OF APPEALS HOUSTON, TEXAS AT HOUSTON, TEXAS 7/10/2015 1:36:20 PM ____________________________________________________ CHRISTOPHER A. PRINE Clerk TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION, Appellant, v.

LINDA GREEN, Appellee. ____________________________________________________

On Appeal from the 133rd District Court, Harris County, Texas ____________________________________________________

APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

TO THE HONORABLE FIRST COURT OF APPEALS:

COMES NOW, Appellant, Texas Department of Insurance, Division of

Workers’ Compensation, and files this Unopposed Motion for Extension of Time to

File Reply Brief in the above captioned appeal, and in support thereof will show the

following:

I.

This case is on appeal from the 133rd District Court of Harris County, Texas,

of an Order denying Appellant’s Plea to the Jurisdiction on March 2, 2015. II.

This case was instituted in the Court of Appeals on April 9, 2015. The clerk’s

record was filed on April 16, 2015. There was no court reporter’s record.

III.

Appellant’s brief was filed on May 14, 2015. Appellee’s Brief was filed on

July 3, 2015. Appellant’s Reply Brief was due on July 6, 2015.

IV.

Appellant requests an extension until today to file its Reply Brief. This is an

accelerated appeal. The deadline for Appellant to file its Reply Brief was three days

after Appellee file her brief. The deadline date of July 6 was part of a holiday

weekend, and due to time constraints, counsel for Appellant needed additional time

to read, analyze and reply to Appellee’s Brief. Thus, Appellant asks for an

extension of today to file its reply.

V.

The undersigned corresponded with counsel for Appellee on July 10, 2015,

and this motion is unopposed by Appellee.

WHEREFORE PREMISES CONSIDERED, Appellant, Texas Department of

Insurance-Division of Workers’ Compensation respectfully requests that the First

Court of Appeals grant an extension of time until July 10, 2015 in which to file its

reply brief on appeal.

2 Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR. Division Chief, Administrative Law Division

/s/ Dennis M. McKinney DENNIS M. MCKINNEY State Bar No.13719300 Assistant Attorney General Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4020 Facsimile: (512) 320-0167 Dennis.McKinney@texasattorneygeneral.gov Attorneys for Appellant

CERTIFICATE OF CONFERENCE

I hereby certify that I have conferred with counsel for Appellee and he is unopposed to this request for extension.

/s/ Dennis M. McKinney DENNIS M. MCKINNEY Assistant Attorney General

3 CERTIFICATE OF SERVICE

I hereby certify that on July 10, 2015, a true and correct copy of the above and forgoing document was sent by e-service or electronic mail to the following parties:

Brad McClellan Via E-Service and/or E-Mail LAW OFFICES OF RICHARD PENA, P.C. 1701 Directors Blvd, Suite 110 Austin, Texas 78744 brad.mcclellan@yahoo.com Attorney for Appellee

David Brenner Via E-Service and/or E-Mail Belinda May Arambula BURNS ANDERSON JURY & BRENNER, L.L.P. P.O. Box 26300 Austin, Texas 78755-6300 7804 Bell Mountain Drive, # 100 Austin, Texas 78730 dbrenner@bajb.com barambula@bajb.com Attorneys for Defendant Zurich American

Raymond L. Kalmans Via E-Service and/or E-Mail Stephen L. Brochstein Schlanger, Silver, Barg & Paine, LLP 109 North Post Oak Lane, Ste. 300 Houston, Texas 77024 rkalmans@ssbplaw.com Attorneys for Intervenor Bessie A. Wilhelm

/s/ Dennis M. McKinney DENNIS M. MCKINNEY Assistant Attorney General