ACCEPTED 03-15-00025-CV 7976640 THIRD COURT OF APPEALS AUSTIN, TEXAS 11/24/2015 3:16:21 PM JEFFREY D. KYLE CLERK No. 03-15-00025-CV FILED IN In The Court of Appeals 3rd COURT OF APPEALS AUSTIN, TEXAS For The Third Court of Appeals District 11/24/2015 3:16:21 PM JEFFREY D. KYLE Austin, Texas 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 ON APPEAL FROM THE 345TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS CAUSE NO. D-1-GN-12-000983

APPELLANTS LAKEWAY REGIONAL MEDICAL CENTER, LLC’S AND SURGICAL DEVELOPMENT PARTNERS, LLC’S AND CROSS-APPELLANT LAKE TRAVIS TRANSITIONAL LTCH, LLC N/K/A LAKE TRAVIS SPECIAL HOSPITAL, LLC’S JOINT FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ AND CROSS-APPELLANT’S REPLY 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”) and Cross-Appellant Lake Travis Transitional LTCH, LLC n/k/a Lake Travis Specialty Hospital, LLC (“LTT”)

54267812 1 (collectively, “Parties”) timely file this Joint Motion to Extend Time to File Their Appellants’ and Cross-Appellant’s Reply Briefs.

The Parties’ Reply Briefs are currently due on Thursday, December 10, 2015. The Parties seek a 30-day extension, making their Reply Briefs due on Monday, January 11, 2016.

This is the Parties’ first request for an extension of time to file their Reply Briefs.

REASONS FOR REQUEST LTT’s appellee’s brief and LRMC’s and SDP’s cross-appellees’ briefs were filed on November 20, 2015. Because of the complexity of the issues raised in this case, those briefs are extensive. The Parties need additional time to analyze the arguments set forth in the respective briefs.

Due to the foregoing, the upcoming holidays and other commitments, the Parties request an extension of time within which to file their Reply Briefs.

Also, the Parties have consistently filed their briefs simultaneously in this cause and would like to do so again.

LRMC’s counsel is also in the midst of preparing an Appellee’s brief in a case pending before the United States Court of Appeals for the Fifth Circuit, entitled Robert A. King, Appellant v. YRC Worldwide, Inc., Appellee, No. 15- 10888.

54267812 2 This request is not sought for delay only but so that justice may be done.

This motion is unopposed.

PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Appellants Lakeway Regional Medical Center, LLC and Surgical Development Partners, LLC and Cross- Appellant Lake Travis Transitional LTCH, LLC n/k/a Lake Travis Specialty Hospital, LLC ask that this Court grant this, their First Joint Motion for Extension of Time to File Their Appellants’ and Cross-Appellant’s Reply Briefs, and extend the deadline thirty (30) days, to Monday, January 11, 2016, and for such further relief to which they may be entitled.

Respectfully submitted, NORTON ROSE FULBRIGHT US LLP By: /s/ Jeff Cody Jeff Cody State Bar No. 04468960 [email protected] Barton W. Cox State Bar No. 2406508 [email protected] James V. Leito IV State Bar No. 24054950 [email protected] 2200 Ross Avenue, Suite 3600 Dallas, TX 75201-7932 Telephone: (214) 855-8000 Telecopier: (214) 855-8200 and

54267812 3 NORTON ROSE FULBRIGHT US LLP Joy M. Soloway State Bar No. 18838700 [email protected] 1301 McKinney, Suite 5100 Houston, TX 77010 Telephone: (713) 651-5151 Telecopier: (713) 651-5246 Counsel for Appellant/Cross-Appellee Lakeway Regional Medical Center, LLC and WRIGHT & CLOSE, LLP Jessica Z. Barger [email protected] State Bar No. 24032706 Raffi O. 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 and

54267812 4 SCOTT, DOUGLASS &MCCONNICO, LLP Jane M.N. Webre [email protected] State Bar No. 21050060 S. Abraham Kuczaj III [email protected] State Bar No. 24046249 Paige A. Amstutz [email protected] State Bar No. 00796136 Steven J. Wingard [email protected] State Bar No. 00788694 Colorado, Suite 2400 Austin, TX 78701 Counsel for Appellee/Cross-Appellant Lake Travis Transitional LTCH, LLC

CERTIFICATE OF CONFERENCE I hereby certify that I have conferred with counsel for Appellees Brennan, Manna & Diamond LLC and Frank T. Sossi, and Appellees are unopposed to this Motion.

/s/ Joy M. Soloway JOY M. SOLOWAY

54267812 5 CERTIFICATE OF SERVICE I hereby certify that on the 24th day of November 2015, Appellants served a copy of this motion by electronic service (via FileTime) upon the following counsel of record: Mr. Robert Bragalone ([email protected]) Mr. B. Ryan Fellman ([email protected]) Mr. Steven Lawson ([email protected]) GORDON & REES LLP 2100 Ross Avenue, Suite 2800 Dallas, TX 75201 Counsel for Appellees Brennan, Manna & Diamond, LLC and Frank T. Sossi /s/ Joy M. Soloway JOY M. SOLOWAY

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