PHCC - La Hacienda Rehabilitation and Health Care Center LLC v. Keith Crume ( 2015 )

ACCEPTED 01-15-00854-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/25/2015 9:40:14 AM CHRISTOPHER PRINE CLERK No. 01-15-00854-CV __________________________________________________________________ FILED IN 1st COURT OF APPEALS IN THE FIRST DISTRICT COURT OF APPEALSHOUSTON, TEXAS HOUSTON, TEXAS 11/25/2015 9:40:14 AM CHRISTOPHER A. PRINE __________________________________________________________________ Clerk PHCC-LA HACIENDA REHABILITATION AND HEALTH CARE CENTER LLC, Appellant v. KEITH CRUME, Appellee __________________________________________________________________ On appeal from the 189th Judicial District Court, Harris County The Honorable Bill Burke Presiding Judge __________________________________________________________________ APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF __________________________________________________________________ TO THE HONORABLE FIRST COURT OF APPEALS: Appellant, PHCC-La Hacienda Rehabilitation and Health Care Center (“PHCC”), files this Unopposed Motion to Extend Time to File Brief and in support would respectfully show as follows: 1. Appellant’s brief is currently due on November 30, 2015. 2. Appellant requests an additional fourteen (14) days to file its brief, extending the time to December 14, 2015. AUS-6198016-1 6056520/54 3. This extension is needed primarily because Afton Sands, lead appellate counsel for Appellant PHCC, has been preoccupied with other work, which includes, in addition to other litigation commitments, (1) preparing a Motion to Dismiss Plaintiff’s First Amended Complaint filed on November 18, 2015 in John Stephen Thorne v. Union Pacific Corporation and Union Pacific Railroad Company¸ Cause No, 1:15-CV-00561-RP, pending in the United States District Court for the Western District of Texas Austin Division; (2) preparing and taking the depositions of two key witnesses on November 19, 2015, preparing and presenting her client for deposition on November 23, 2015, and preparing a dispositive motion in Fairway Assisted Living, LLC, et al. v. Teravista Community Association, Inc., Cause No. 1:14-CV-441, pending in the United States District Court for the Western District of Texas Austin Division due and to be filed on December 1, 2015; and (3) preparing a Response to a Motion for New Trial in Johnson v. PHCC-Westwood Rehabilitation & Healthcare Center, LLC, Cause No. 2014-00261 pending in the 333rd Judicial District Court of Harris County, Texas. 4. This request is not for purpose of delay, but so that justice may be done and this Court may be fully informed of all factual and legal information relevant to the proper disposition of this appeal. 2 AUS-6198016-1 6056520/54 WHEREFORE, PREMISES CONSIDERED, Appellant requests that this Court grant its Motion for Extension of Time to File Brief on or before December 14, 2015. Respectfully submitted, HUSCH BLACKWELL, L.L.P BY:/s/ Afton Sands AFTON SANDS Texas Bar No. 24060555 Afton.sands@huschblackwell.com LORINDA HOLLOWAY Texas Bar No. 00798264 Lorinda.holloway@huschblackwell.com 111 Congress Avenue, Suite 1400 Austin, Texas 78701 (512) 472-5456 (512) 479-1101 (facsimile) Attorneys for Appellant PHCC-La Hacienda Rehabilitation and Health Care Center LLC CERTIFICATE OF CONFERENCE The undersigned certifies that she has consulted with John Kahn, counsel for Appellee, via telephone and he is unopposed to the relief requested herein. /s/ Afton Sands AFTON SANDS 3 AUS-6198016-1 6056520/54 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing instrument has been served upon the following counsel of record via electronic filing and/or facsimile on the 25th day of November, 2015: John Joseph Kahn, Jr. john@kahnlawyers.com Jennifer Hodges Kahn Jennifer@kahnlawyers.com The Kahn Law Firm PC 9330 Broadway, Suite A-224 Pearland, TX 77584 Fax: 713-226-9901 /s/ Afton Sands Afton Sands 4 AUS-6198016-1 6056520/54