ACCEPTED 03-15-00025-CV 6580632 THIRD COURT OF APPEALS AUSTIN, TEXAS 8/20/2015 12:15:05 PM JEFFREY D. KYLE CLERK No. 03-15-00025-CV FILED IN In The Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS Third District of Texas 8/20/2015 12:15:05 PM Austin, Texas JEFFREY D. KYLE Clerk

APPELLANTS, LAKEWAY REGIONAL MEDICAL CENTER, LLC AND SURGICAL DEVELOPMENT PARTNERS, LLC// CROSS-APPELLANT, LAKE TRAVIS TRANSITIONAL LTCH, LLC N/K/A LAKE TRAVIS SPECIALTY HOSPITAL, LLC v. APPELLEES, LAKE TRAVIS TRANSITIONAL LTCH, LLC N/K/A LAKE TRAVIS SPECIALTY HOSPITAL, LLC// CROSS-APPELLEES, LAKEWAY REGIONAL MEDICAL CENTER, LLC, SURGICAL DEVELOPMENT PARTNERS, LLC, BRENNAN, MANNA, & DIAMOND, LLC AND FRANK T. SOSSI

APPELLANTS LAKEWAY REGIONAL CENTER, LLC’S AND SURGICAL DEVELOPMENT PARTNERS, LLC’S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE OPENING BRIEFS

TO THE HONORABLE COURT OF APPEALS: Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), Appellants Lakeway Regional Medical Center, LLC (“LRMC”) and Surgical Development Partners, LLC (“SDP”) file this Second Unopposed Motion for Extension of Time to File Their Opening Briefs.

54102042.1 1 LRMC’s and SDP’s opening briefs1 are currently due on August 31, 2015.

LRMC and SDP seek a three-week extension, making their briefs due on September 21, 2015. This is their second request for an extension of time.

BACKGROUND 1. This case is on appeal from the 345th Judicial District Court of Travis County, Texas.

2. The case below was styled Lake Travis Transitional LTCH, LLC n/k/a Lake Travis Specialty Hospital, LLC v. Lakeway Regional Medical Center, LLC, Surgical Development Partners, LLC, Brennan, Manna & Diamond, LLC, and Frank T. Sossi, and numbered D-1-GN-12-000983.

3. The Judgment, signed on October 16, 2014, is for actual damages in the amount of $7,900,000 plus pre- and post-judgment interest, $2,000,000 in attorneys’ fees, and costs of court.

4. On January 12, 2015, LRMC and SDP timely filed a notice of appeal.

5. On January 13, 2015, Appellee and Cross-Appellant Lake Travis Transitional LTCH, LLC n/k/a Lake Travis Specialty Hospital, LLC (“LTT”) filed its notice of appeal.

At this time, it has not been determined whether LRMC and SDP will file separate briefs or a joint brief.

54102042.1 2 REASONS FOR REQUEST 6. The record in this appeal is sizeable. It includes a clerk’s record that exceeds 13,300 pages and a reporter’s record that exceeds 20 volumes. Further, there are a number of issues to be analyzed.

7. Because of counsel’s normal case load, and because of the lengthy record, counsel will be unable to complete Appellants’ Opening Brief in this case by the current August 31, 2015 deadline.

8. This request is not sought for delay only but so that justice may be done.

PRAYER FOR RELIEF WHEREFORE, Appellants Lakeway Regional Medical Center, LLC and Surgical Development Partners, LLC ask that this Court grant this, their Second Unopposed Motion for Extension of Time to File Their Opening Briefs, and extend the deadline to September 21, 2015, and for such further relief to which they may be entitled.

54102042.1 3 Respectfully submitted, NORTON ROSE FULBRIGHT US LLP By: /s/ Joy M. Soloway Jeff Cody [email protected] State Bar No. 4468960 Barton Wayne Cox [email protected] State Bar No. 24065087 James V. Leito IV [email protected] State Bar No. 24054950 2200 Ross Avenue, Suite 3600 Dallas, TX 75201-2784 Telephone: (214) 855-8000 Telecopier: (214) 855-8200 Joy M. Soloway [email protected] State Bar No. 18838700 1301 McKinney, Suite 5100 Houston, TX 77010-3095 Telephone: (713) 651-5151 Telecopier: (713) 651-5246 Counsel for Appellants/Cross-Appellees Lakeway Regional Medical Center, LLC and Surgical Development Partners, LLC

54102042.1 4 WRIGHT & CLOSE, LLP Jessica Z. Barger [email protected] State Bar No. 24032706 Raffi Melkonian [email protected] State Bar No. 24090587 One Riverway, Suite 2200 Houston, TX 77056 Telephone: (713) 572-4321 Telecopier: (713) 572-4320 Counsel for Appellant/Cross-Appellee Surgical Development Partners, LLC CERTIFICATE OF CONFERENCE I certify that Jane Webre and Ryan Fellman, counsel for Appellees in this appeal, are not opposed to the relief sought in this motion.

/s/ Joy M. Soloway Joy M. Soloway

54102042.1 5 CERTIFICATE OF SERVICE I hereby certify that on the 20th day of August 2015, the foregoing motion was served via the CM/ECF electronic noticing system upon the following counsel of record: Mr. S. Abraham Kuczaj III [email protected] Ms. Paige A. Amstutz [email protected] Mr. Steven J. Wingard [email protected] Ms. Jane Webre [email protected] SCOTT, DOUGLASS & MCCONNICO, LLP Colorado, Suite 2400 Austin, TX 78701 Counsel for Appellee/Cross-Appellant Lake Travis Transitional LTCH, LLC Via Email Only Mr. Robert A. Bragalone [email protected] Mr. B. Ryan Fellman [email protected] GORDON & REES LLP 2100 Ross Avenue, Suite 2800 Dallas, TX 75201 Counsel for Appellees Brennan, Manna & Diamond, LLC and Frank T. Sossi Via Email Only /s/ Joy M. Soloway JOY M. SOLOWAY

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