William R. and Susan M. Knoderer v. State Farm Lloyds, Penni Perkins and Tom Roberts ( 2016 )

ACCEPTED
06-16-00009-CV
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
9/9/2016 1:39:22 PM
DEBBIE AUTREY
CLERK
NO. 06-16-00009-CV
FILED IN
IN THE SIXTH COURT OF APPEALS 6th COURT OF APPEALS
TEXARKANA, TEXAS
9/9/2016 1:39:22 PM
WILLIAM R. AND SUSAN M. KNODERER, DEBBIE AUTREY
Clerk
Appellants
V.
STATE FARM LLOYDS, PENNI PERKINS, AND TOM ROBERTS,
Appellees
Appeal from Cause No. 74-037
354th District Court of Hunt County, Texas
Honorable Richard A. Beacom
APPELLEE STATE FARM LLOYDS’
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF
Levon G. Hovnatanian Melinda R. Burke
State Bar No. 10059825 State Bar No. 03403030
hovnatanian@mdjwlaw.com burke@mdjwlaw.com
MARTIN, DISIERE, JEFFERSON MARTIN, DISIERE, JEFFERSON
&WISDOM, L.L.P. &WISDOM, L.L.P.
808 Travis, 20th Floor 16000 N. Dallas Parkway, Suite 800
Houston, Texas 77002 Dallas, Texas 75248
(713) 632-1700 – Telephone (214) 420-5500 – Telephone
(713) 222-0101 – Facsimile (214) 420-5501 – Facsimile
Joe Weis
State Bar No. 21102600
jweis@pgnwlaw.com
ATTORNEY AT LAW
2507 Washington Street
P.O. Box 765
Greenville, Texas 75403-0765
(903) 455-1876 – Telephone
(903) 455-1710 – Facsimile
TO THE HONORABLE COURT OF APPEALS:
Comes now the appellee—State Farm Lloyds (“State Farm”)—and
respectfully moves for a thirty-one-day extension of time to file its brief. State
Farm has requested and received one previous extension of time (of 30 days) to file
its brief.
The current deadline for State Farm to file its brief is Friday, September 9,
2016. This motion is e-filed on Friday, September 9, 2016, and is therefore timely
field. See TEX. R. APP. P. 38.6(d) (“A motion to extend the time to file a brief may
be filed before or after the date the brief is due.”).
The facts reasonably relied upon to explain the need for an extension of time
are as follows. Levon G. Hovnatanian, State Farm’s lead appellate counsel and the
attorney who is responsible for preparing State Farm’s brief, has been extremely
busy with other pressing matters, including:
1. Mr. Hovnatanian’s 14-year-old daughter was injured in a soccer game
last Sunday in Oklahoma when she was kicked hard in the back. Subsequently,
she has experienced soreness and nausea and has required his care at home.
2. Mr. Hovnatanian’s 17-year-old son has been ill with flu-like
symptoms the past week. During that time, he has required Mr. Hovnatanian’s
care at home.
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3. Mr. Hovnatanian prepared, and, on August 30, 2016, filed The
Parties’ Rule 42.1(a)(2) Agreement And Motion To Dismiss Appeal, in Cause No.
07-15-00026-CV; WC 1217-1221 Haven Lane, LP, Appellant v. Mid-Century
Insurance Co., Appellee; in the Seventh Court of Appeals.
4. Mr. Hovnatanian is preparing the reply brief of the appellant, due
(after one extension) on September 30, 2016, in Cause No. 14-16-00115-CV; AC
Plastiques USA, LLC v. James Construction Group, LLC; in the Fourteenth Court
of Appeals.
5. Mr. Hovnatanian is preparing the brief of amicus curiae Property
Casualty Insurers Association of America, to be submitted shortly in No. 16-
0179; Century Surety Company, Petitioner v. Jane Doe, Respondent; in the
Supreme Court of Texas.
6. Mr. Hovnatanian is preparing two very lengthy Daubert motions, due
on September 23, 2016, on behalf of T. Gerald Treece, Individually and as
Independent Executor of the Estate of John M. O’Quinn, in Cause No.
392,247,417; In Re: John M. O’Quinn, Deceased; The John M. O’Quinn
Foundation, Plaintiff v. T. Gerald Treece, Individually and as Independent
Executor of the Estate of John M. O’Quinn, Deceased, Defendant; in Probate Court
No. Two, Harris County, Texas.
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Considering the above, the appellee, State Farm Lloyds, respectfully
requests a thirty-one-day extension of time to Monday, October 10, 2016, to file its
brief.
Respectfully submitted,
MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.
By: /s/Levon G. Hovnatanian
Levon G. Hovnatanian
State Bar No. 10059825
hovnatanian@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
MARTIN, DISIERE, JEFFERSON &WISDOM, L.L.P.
By: /s/Melinda R. Burke
Melinda R. Burke
State Bar No. 03403030
burke@mdjwlaw.com
16000 N. Dallas Parkway, Suite 800
Dallas, Texas 75248
(214) 420-5500 – Telephone
(214) 420-5501 – Facsimile
By: /s/ Joe Weis
Joe Weis
State Bar No. 21102600
jweis@pgnwlaw.com
ATTORNEY AT LAW
2507 Washington Street
P.O. Box 765
Greenville, Texas 75403-0765
(903) 455-1876 – Telephone
(903) 455-1710 – Facsimile
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ATTORNEYS FOR
APPELLEE STATE FARM LLOYDS
CERTIFICATE OF CONFERENCE
This is to certify that I communicated with Mr. Russell J. Bowman, counsel
for appellants William R. and Susan M. Knoderer, on September 8, 2016, inquiring
whether he opposes this motion, and he advised that he does not oppose the
motion.
/s/Levon G. Hovnatanian
Levon G. Hovnatanian
September 9, 2016
CERTIFICATE OF COMPLIANCE
This is to certify that this computer-generated unopposed motion for
extension of time to file brief of appellee State Farm Lloyds contains 425 words.
/s/Levon G. Hovnatanian
Levon G. Hovnatanian
September 9, 2016
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of this unopposed motion for
extension of time to file brief of appellee State Farm Lloyds has been forwarded,
by the methods indicated below, to the individual listed below on this 9th day of
September, 2016.
Mr. Russell J. Bowman
russelljbowman@sbcglobal.net
800 West Airport Freeway, Suite 860
Irving, Texas 75062
(via e-File and e-Mail)
(Attorney for Appellants William R. and Susan M. Knoderer)
/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
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