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 [email protected] [email protected] 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 [email protected] 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.

1 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.

2 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 [email protected] 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 [email protected] 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 [email protected] ATTORNEY AT LAW 2507 Washington Street P.O. Box 765 Greenville, Texas 75403-0765 (903) 455-1876 – Telephone (903) 455-1710 – Facsimile 3 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 [email protected] 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

4