Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC And Toth Enterprises II, P .A. D/B/A Victory Medical Center

• Court: Court of Appeals of Texas
• Decided: June 25, 2015
• Docket: 03-15-00348-CV
• Status: Published

Opinion

ACCEPTED 03-15-00348-CV 5829557 THIRD COURT OF APPEALS AUSTIN, TEXAS 6/25/2015 4:02:14 PM JEFFREY D. KYLE CLERK

No. 03-15-00348-CV ______________________________________ FILED IN 3rd COURT OF APPEALS COURT OF APPEALS AUSTIN, TEXAS THIRD JUDICIAL DISTRICT OF TEXAS6/25/2015 4:02:14 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk ______________________________________ TODD ENRIGHT Appellant, v. ASCLEPIUS PANACEA, LLC; ASCLEPIUS PANACEA GP, LLC; DAILY PHARMACY, LLC; DAILY PHARMACY GP, LLC; AND TOTH ENTERPRISES II, P .A. D/B/A VICTORY MEDICAL CENTER, Appellees. ______________________________________ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLANT TODD ENRIGHT ______________________________________ On Appeal from the 98th Judicial District Court of Travis County, Texas Trial Court No. D-1-GN-14-004689 Hon. Gisela D. Triana of the 200th Judicial District Court, Presiding __________________________________

TO THE HONORABLE COURT OF APPEALS:

Appellant Todd Enright files this Unopposed Motion for Extension of Time

to File Brief of Appellant, and would show the Court as follows:

1. On June 3, 2015, Enright filed his Notice of Appeal of the district

court’s order denying Enright’s special appearance. The Clerk’s Record was filed

on June 15, 2015, and the Reporter’s Record was filed on June 17, 2015. 2. In accordance with the rules concerning an interlocutory appeal,

appellant’s brief is currently due on July 7, 2015. See Tex. R. App. P. 38.6(a).

3. Pursuant to Texas Rules of Appellate Procedure 10.5(b)(1) and

38.6(d), Enright requests a fourteen (14) day extension of time, to and including

July 21, 2015, to file his brief. This is the first motion for extension of time filed

by Enright.

4. As grounds for this extension, Enright requires additional time

because his lead counsel, Jennifer Poppe, has several other deadlines and

commitments during this period, including:

 a hearing on June 30, 2015, regarding In Re Conn’s Inc. Securities

Litigation, Civil Action No. 4:14-cv-00548 in the United States

District Court for the Southern District of Texas, Houston Division;

 a hearing on July 7, 2015, regarding Treppel v. Cohen et al., No. C.A.

No. 9962-VCP in the Court of Chancery of the State of Delaware; and

 ongoing discovery and pretrial work in a number of cases.

5. In addition, counsel for Mr. Enright has previously existing personal

commitments during the holiday weekend immediately preceding the present

deadline.

6. Appellees do not oppose this Motion.

2 Wherefore, Appellant Enright prays that this Court grant this Unopposed

Motion for Extension of Time to File Brief of Appellant, extend his filing deadline

to and including July 21, 2015, and grant any such other relief to which he may be

justly entitled.

Respectfully submitted, /s/ Jennifer B. Poppe Jennifer B. Poppe State Bar No. 24007855 Jonah Jackson State Bar No. 24071450 2801 Via Fortuna, Suite 100 Austin, Texas 78746 Telephone: (512) 542-8400 Facsimile: (512) 542-8612 jpoppe@velaw.com jjackson@velaw.com

Attorneys for Appellant Todd Enright

3 CERTIFICATE OF CONFERENCE

On June 24, 2015, I conferred with Paul Matula, Counsel for Appellees, who stated that he was not opposed to a fourteen (14) day extension of time for the filing of appellant’s brief.

/s/ Jonah Jackson Jonah Jackson

4 CERTIFICATE OF SERVICE The undersigned certifies that on the 25th day of June, 2015, a true and correct copy of this motion was served on the following attorneys in accordance with the requirements of the Texas Rules of Appellate Procedure via electronic filing or email.

Eric J. Taube Paul Matula Hohmann, Taube & Summers, LLP 100 Congress Avenue, 18th Floor Austin, Texas 8701 erict@hts-law.com paulm@hts-law.com