# Telicia Owens v. Krista G. Handyside, M.D., Samuel J. Prater, M.D., Kenneth A. Totz, D.O., FACEP, and Memorial Hermann Hospital System D/B/A Memorial Hermann - Texas Medical Center > Texas Court of Appeals, 1st District (Houston) · May 5, 2015 URL: https://www.frixlaw.com/law-library/cases/4054928 ## Case - **Court:** Texas Court of Appeals, 1st District (Houston) - **Decided:** May 5, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4054928 ## Opinion text ACCEPTED 01-12-01108-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/5/2015 2:53:36 PM CHRISTOPHER PRINE CLERK NO. 01-12-01108-CV FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS5/5/2015 2:53:36 PM AT HOUSTON CHRISTOPHER A. PRINE Clerk TELICIA OWENS, Appellant, V. AMY RASMUSSEN, M.D.; ET AL., Appellees. On Appeal from the 152nd Judicial District Court of Harris County, Texas Trial Court Cause No. 2012-07534 KENNETH A. TOTZ, D.O., FACEP’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR REHEARING AND/OR A MOTION FOR EN BANC RECONSIDERATION Charles B. Holm State Bar No. 09900300 Kyle M. Smith State Bar No. 24054226 Holm Bambace LLP 1010 Lamar Street, Suite 1100 Houston, Texas (713) 652-9700 – Telephone (713) 652-9702 – Facsimile ATTORNEYS FOR APPELLEE, KENNETH A. TOTZ, D.O., FACEP KENNETH A. TOTZ, D.O., FACEP’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A MOTION FOR REHEARING AND/OR A MOTION FOR EN BANC RECONSIDERATION Appellee, KENNETH A. TOTZ, D.O., FACEP (“Dr. Totz”), files this Unopposed Motion respectfully requesting an extension of forty-five (45) days to file a Motion for Rehearing and/or a Motion for En Banc Reconsideration in this matter. In support of the same, Dr. Totz shows the Court the following: 1. Appellees are Dr. Totz, Memorial Hermann Hospital System d/b/a Memorial Hermann – Texas Medical Center, Krista G. Handyside, M.D., and Samuel J. Prater, M.D.; Appellant is Telicia Owens. 2. This Unopposed Motion is filed within any deadlines contemplated under Texas Rules of Appellate Procedure 10.1, 10.5, and 49. 3. This Motion for Extension is unopposed. 4. The Court may grant an extension of time under the authority of Texas Rule of Appellate Procedure 10.5(b). 5. This is an unopposed motion requesting an extension of time to file a Motion for Rehearing and/or a Motion for En Banc Reconsideration of the Judgment and Opinion entered by this Court on April 23, 2015. The current deadline to file Dr. Totz’s Motion for Rehearing and/or Motion for En Banc Reconsideration is May 8, 2015. 2 6. Dr. Totz requests an additional forty-five (45) days to file his Motion for Rehearing and/or Motion for En Banc Reconsideration, extending the time that the motions are due until June 22, 2015. 7. Dr. Totz does not seek this extension for reasons of delay; rather, counsel for Dr. Totz has been exceptionally busy with other matters, which occupy the time that counsel would ordinarily use to prepare Dr. Totz’s motions, including, but not limited to:  Responding to a time sensitive Texas Medical Board complaint, which is due on May 5, 2015;  Extensive document production (over 190,000 documents) in a complex medical product defect lawsuit, styled Case No. 4:14-CV-02989, Mary Jane Martine vs. ConforMIS, Inc., in the U.S. District Court for the Southern District of Texas (Houston Division); and  Trial preparation for a personal-injury lawsuit, which is set for trial on May 11, 2015, styled Cause No. 2014-47431, Saldana vs. Lagrone, in the 80th Judicial District Court of Harris County, Texas. 8. Dr. Totz has sought no prior extensions to file these motions. 9. For the above reasons, Dr. Totz respectfully requests that the Court grant an extension of time to file his Motion for Rehearing and/or Motion for En Banc Reconsideration until June 22, 2015. 10. Dr. Totz respectfully requests all other appropriate relief. 3 Respectfully submitted, HOLM BAMBACE LLP By: /s/ Charles B. Holm Charles B. Holm State Bar No. 09900300 Kyle M. Smith State Bar No. 24054226 1010 Lamar, Suite 1100 Houston, Texas 77002 (713) 652-9700 – Telephone (713) 652-9702 – Facsimile cholm@holmbambace.com ksmith@holmbambace.com ATTORNEYS FOR APPELLEE, KENNETH A. TOTZ, D.O., FACEP CERTIFICATE OF CONFERENCE Counsel for Dr. Totz has conferred with Appellant’s counsel regarding this Motion for Extension of Time to File a Motion for Rehearing and/or a Motion for En Banc Reconsideration. Appellant’s counsel is unopposed. /s/ Charles B. Holm Charles B. Holm 4 CERTIFICATE OF SERVICE I, Charles B. Holm, hereby certify that a true and correct copy of the foregoing instrument was provided to all counsel of record in accordance with the applicable Texas Rules of Appellate Procedure on this the 5th day of May, 2015. Reginald E. McKamie, Sr. Law Offices of Reginald E. McKamie, Sr. 1210 Antoine Drive, Suite 100 Houston, Texas 77055 Via Facsimile: (713) 465-2894 Richard M. Law Angela M. Nolan Stephanie A. Sanders Smith Adams Law Feehan LLP 1415 Louisiana Street, Suite 3800 Houston, Texas 77002 Via Facsimile: (713) 652-6000 Frank A. Doyle Gabe A. Sassin Myers Doyle 7676 Woodway, Suite 350 Houston, Texas 77063 Via Facsimile: (713) 278-9163 /s/ Charles B. Holm Charles B. Holm 5 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4054928. Public record. Not legal advice.