Kelsey-Seybold Medical Group, PLLC D/B/A Kelsey -Seybold Clinic v. Great-West Healthcare of Texas, Inc. ( 2018 )

ACCEPTED
01-17-00663-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/22/2018 3:56 PM
CHRISTOPHER PRINE
CLERK
No. 01-17-00663-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
HOUSTON, TEXAS 3/22/2018 3:56:53 PM
CHRISTOPHER A. PRINE
Clerk
KELSEY-SEYBOLD MEDICAL GROUP, PLLC,
d/b/a KELSEY-SEYBOLD CLINIC
Appellant/Cross-Appellee,
v.
GREAT-WEST HEALTHCARE OF TEXAS, INC.,
Appellee/Cross-Appellant.
UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME
TO FILE BRIEF OF APPELLEE/CROSS-APPELLANT
Jeffrey L. Oldham
State Bar No. 24051132
jeff.oldham@bracewell.com
Sean Gorman
Elizabeth F. Eoff
BRACEWELL LLP
711 Louisiana Street, Suite 2300
Houston, Texas 77002
Telephone: (713) 221-1225
Facsimile: (713) 221-2102
Attorneys for Appellee/Cross-Appellant
Great-West Healthcare of Texas, Inc.
Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d),
Appellee/Cross-Appellant Great-West Healthcare of Texas, Inc. (“Great-West”)
files this Unopposed First Motion for Extension of Time to File Brief of
Appellee/Cross-Appellant.
The Court granted the parties’ Joint Motion for Briefing Schedule,
establishing a consolidated briefing schedule for this appeal and cross-appeal.
Appellant filed its opening Brief of Appellant on February 26, 2018, which makes
Great-West’s combined Brief of Appellee/Cross-Appellant due on March 28, 2018.
Great-West requests an extension of time of 30 days to file this brief, i.e., to and
including April 27, 2018. This is the first request for an extension of time on this
brief. Counsel for Appellant has indicated it is not opposed to this request.
The requested extension is needed because Jeff Oldham, appellate counsel
with primary responsibility for preparing this brief, has had a number of conflicting
work deadlines and responsibilities, including: (1) preparing a Petition for Review
filed in the Texas Supreme Court on March 9, 2018 in Vopak Terminal Deer Park,
Inc. v. Vertical North America, Inc., et al., No. 18-0150; (2) preparing two
supplemental letter briefs filed on March 7 and 15, 2018 in Equistar Chemicals, LP
v. Westlake Chemical Corp., No. 17-1548 (consolidated with 17-1549) (Fed. Cir.);
(3) preparing a Brief of Appellant filed on March 21, 2018 in Grupo Mexico S.A.B.
de C.V. v. Mt. McKinley Ins. Co., et al., No. 13-17-00134-CV (Tex. App.—Corpus
-2-
Christi); and (4) preparing a response to proposed findings of fact and conclusions
of law, being filed on March 22, 2018, in BMC Software v. International Business
Solutions, Civil Action No. 4:17-cv-2254, Southern District of Texas. Also, Mr.
Oldham was out of town on spring break vacation from March 9-16, 2018.
PRAYER
For these reasons, Great-West prays that this Court grants a 30-day extension
of time to file its Brief of Appellee/Cross-Appellant, to and including April 27, 2018.
Great-West also prays for such other relief to which it may be entitled.
Respectfully submitted,
BRACEWELL LLP
By: /s/ Jeffrey L. Oldham
Jeffrey L. Oldham
State Bar No. 24051132
jeff.oldham@bracewell.com
Sean Gorman
State Bar No. 08218100
sean.gorman@bracewell.com
Elizabeth F. Eoff
State Bar No. 24095062
elizabeth.eoff@bracewell.com
711 Louisiana Street, Suite 2300
Houston, Texas 77002
Telephone: (713) 221-1225
Facsimile: (713) 221-2102
Attorneys for Appellee/Cross-Appellant
Great-West Healthcare of Texas, Inc.
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CERTIFICATE OF CONFERENCE
I certify that I have conferred with David George, counsel for Appellant, and
Appellant does not oppose the relief requested in this motion.
/s/ Jeffrey L. Oldham
Jeffrey L. Oldham
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Unopposed First Motion for
Extension of Time to File Brief of Appellee/Cross-Appellant has been served on all
counsel of record listed below via the Court’s efiling system on March 22, 2018:
Earnest R. Wotring
David George
Karen R. Dow
Baker Wotring LLP
600 Travis Street
Houston, Texas 77002
ewotring@bakerwotring.com
/s/ Jeffrey L. Oldham
Jeffrey L. Oldham
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