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9/22/2015 11:44:13 AM
Velva L. Price
District Clerk
Travis County
Jessica Arzola
NO. D-1-GN-14-005419 D-1-GN-14-005419
OPSMD, INC., 8 IN THE DISTRICT COURT OF
Plaintiff, :
v. : TRAVIS COUNTY, TEXAS
MEDIGAIN, LLC, and ;
GREG HACKNEY, §
Defendants. : 98th JUDICIAL DISTRICT
VERIFIED MOTION FOR CONTINUANCE OF HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
Defendant MediGain, LLC (“MediGain”) files this Verified Motion for Continuance of
the October 7, 2015, hearing on Plaintiff OPSMD, Inc.’s (“Plaintiff”) Motion for Partial
Summary Judgment (“Motion”), and respectfully shows the following:
lL. On September 11, 2015, Plaintiff filed its Motion. Included within the Motion
was a Notice of Hearing setting the Motion for hearing on October 7, 2015, at 9:00 a.m.
2. At the time Plaintiff filed its Motion, MediGain was represented by Christopher
Schwegmann of Lynn Tillotson Pinker & Cox, LLP. On September 21, 2015, Mr. Schwegmann
filed a Motion to Withdraw as Counsel for MediGain and Defendant Greg Hackney, citing a
conflict between the Defendants. MediGain retained the undersigned counsel to represent it in
this !awsuit, and the undersigned filed a Notice of Appearance concurrent with the filing of this
Motion for Continuance.
VERIFIED MOTION FOR CONTINUANCE OF HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ~ PAGE |
2907843.13. The undersigned requests a continuance of the October 7 hearing date to provide a
reasonable amount of time for the undersigned to prepare a response to the Motion for multiple
reasons. MediGain’s response is due on September 30, just eight (8) days after the undersigned
entered an appearance in this lawsuit. To date, the undersigned has not received Mr.
Schwegmann’s file. With the exception of briefly reviewing Plaintiffs Motion and Mr.
Schwegmann’s Motion to Withdraw in connection with the filing of this Motion for
Continuance, the undersigned has not reviewed any pleadings in this lawsuit. The undersigned is
unaware of what discovery, if any, has been conducted to date. Similarly, the undersigned is
uncertain if any discovery is necessary to oppose Plaintiff's Motion. The undersigned also lacks
any knowledge as to what affidavits, if any, the undersigned would seek on MediGain’s behalf to
oppose Plaintiff's Motion. The undersigned also has not had an opportunity to conduct any
reasonable research to determine whether any legal issues are presented by Plaintiff's Motion
that would preclude summary judgment.
4, For the foregoing reasons, MediGain requests that the hearing on Plaintiff's
Motion be continued until no earlier than November 11, 2015 to allow the undersigned a
reasonable opportunity to get up to speed on the facts and legal issues in the lawsuit, and to
prepare a response to Plaintiff's Motion.!
DATE: September 22, 2015.
1 The undersigned will be in California the week of October 26-30 on a pre-paid business trip in Jn re
Syngenta AG MIR162 Corn Litigation, Case No, 2;14-MD-02591-JWL-JPO, The undersigned will be flying to San
Francisco on Sunday October 25 and will not return to Dallas until Saturday October 31.
VERIFIED MOTION FOR CONTINUANCE OF HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ~ PAGE 2
2907843.1Respectfully submitted,
GRAY REED & McGRAW, P.C.
By:/s/Andrew K. York
ANDREW K. YORK
Texas State Bar No. 24051554
1601 Elm Street, Suite 4600
Dallas, Texas 75201
Telephone: (469) 320-6114
Facsimile: (469) 320-6883
ATTORNEYS FOR DEFENDANT
MEDIGAIN, LLC
CERTIFICATE OF CONFERENCE
I hereby certify that on September 22, 2015, I conferred with David Rowe, counsel for
Plaintiff, concerning this Motion for Continuance by email, and Mr. Rowe stated that he
opposed.
/s/ Andrew K. York.
ANDREW K, YORK
VERIFIED MOTION FOR CONTINUANCE OF HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ~ PAGE 3
2907843.1CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy on the foregoing has been served on the
following via electronic mail on this September 22, 2015:
Via Electronic Mail: drowe@dbelip.com
Mr. J. David Rowe
DuBois, BRYANT & CAMPBELL, LLP
303 Colorado Street, Suite 2300
Austin, Texas 78701
ATTORNEY FOR PLAINTIFF
OPSMD, INc.
/s/ Andrew K. York
ANDREW K. YORK
VERIFIED MOTION FOR CONTINUANCE OF HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ~ PAGE 4
2907843.1VERIFICATION
STA’
2 OF
TEXAS
Men wn
COUNTY OF DALLAS
BEFORE ME, the undersigned notary public, on this day personally appeared ANDREW
kK. York, who, atier being by me duly sworn, upon his oath deposed and stated that he is the
attorney for Defendant MepiGAIn, LLC in this aetion; that he has read the above Verified
Motion for Continuance of Hearing on Plaintiffs Motion for Partial Summary Judgment: and
that every statement contained therein is within his personal knowledge, and is true and correct.
we
wv ,
hy yf wt
tee Af .
ANDREW K. YORK
SUBSCRIBED AND SWORN TO BEFORE ME on the 22nd day of September, 2015.
WAS SUSAN LANGLEY
" *) Notary Public, State of Texas by) “
Oeeche/ My Commission Exp, 8-1-2017]
eer Notary Public
State of Texas
HEARING ON
RY JUD:
- PAGE S$
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9/22/2015 11:44:13 AM Velva L. Price District Clerk Travis County Jessica Arzola NO. D-1-GN-14-005419 D-1-GN-14-005419 OPSMD, INC., 8 IN THE DISTRICT COURT OF Plaintiff, : v. : TRAVIS COUNTY, TEXAS MEDIGAIN, LLC, and ; GREG HACKNEY, § Defendants. : 98th JUDICIAL DISTRICT VERIFIED MOTION FOR CONTINUANCE OF HEARING ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: Defendant MediGain, LLC (“MediGain”) files this Verified Motion for Continuance of the October 7, 2015, hearing on Plaintiff OPSMD, Inc.’s (“Plaintiff”) Motion for Partial Summary Judgment (“Motion”), and respectfully shows the following: lL. On September 11, 2015, Plaintiff filed its Motion. Included within the Motion was a Notice of Hearing setting the Motion for hearing on October 7, 2015, at 9:00 a.m. 2. At the time Plaintiff filed its Motion, MediGain was represented by Christopher Schwegmann of Lynn Tillotson Pinker & Cox, LLP. On September 21, 2015, Mr. Schwegmann filed a Motion to Withdraw as Counsel for MediGain and Defendant Greg Hackney, citing a conflict between the Defendants. MediGain retained the undersigned counsel to represent it in this !awsuit, and the undersigned filed a Notice of Appearance concurrent with the filing of this Motion for Continuance. VERIFIED MOTION FOR CONTINUANCE OF HEARING ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ~ PAGE | 2907843.13. The undersigned requests a continuance of the October 7 hearing date to provide a reasonable amount of time for the undersigned to prepare a response to the Motion for multiple reasons. MediGain’s response is due on September 30, just eight (8) days after the undersigned entered an appearance in this lawsuit. To date, the undersigned has not received Mr. Schwegmann’s file. With the exception of briefly reviewing Plaintiffs Motion and Mr. Schwegmann’s Motion to Withdraw in connection with the filing of this Motion for Continuance, the undersigned has not reviewed any pleadings in this lawsuit. The undersigned is unaware of what discovery, if any, has been conducted to date. Similarly, the undersigned is uncertain if any discovery is necessary to oppose Plaintiff's Motion. The undersigned also lacks any knowledge as to what affidavits, if any, the undersigned would seek on MediGain’s behalf to oppose Plaintiff's Motion. The undersigned also has not had an opportunity to conduct any reasonable research to determine whether any legal issues are presented by Plaintiff's Motion that would preclude summary judgment. 4, For the foregoing reasons, MediGain requests that the hearing on Plaintiff's Motion be continued until no earlier than November 11, 2015 to allow the undersigned a reasonable opportunity to get up to speed on the facts and legal issues in the lawsuit, and to prepare a response to Plaintiff's Motion.! DATE: September 22, 2015. 1 The undersigned will be in California the week of October 26-30 on a pre-paid business trip in Jn re Syngenta AG MIR162 Corn Litigation, Case No, 2;14-MD-02591-JWL-JPO, The undersigned will be flying to San Francisco on Sunday October 25 and will not return to Dallas until Saturday October 31. VERIFIED MOTION FOR CONTINUANCE OF HEARING ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ~ PAGE 2 2907843.1Respectfully submitted, GRAY REED & McGRAW, P.C. By:/s/Andrew K. York ANDREW K. YORK Texas State Bar No. 24051554 1601 Elm Street, Suite 4600 Dallas, Texas 75201 Telephone: (469) 320-6114 Facsimile: (469) 320-6883 ATTORNEYS FOR DEFENDANT MEDIGAIN, LLC CERTIFICATE OF CONFERENCE I hereby certify that on September 22, 2015, I conferred with David Rowe, counsel for Plaintiff, concerning this Motion for Continuance by email, and Mr. Rowe stated that he opposed. /s/ Andrew K. York. ANDREW K, YORK VERIFIED MOTION FOR CONTINUANCE OF HEARING ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ~ PAGE 3 2907843.1CERTIFICATE OF SERVICE I hereby certify that a true and correct copy on the foregoing has been served on the following via electronic mail on this September 22, 2015: Via Electronic Mail: drowe@dbelip.com Mr. J. David Rowe DuBois, BRYANT & CAMPBELL, LLP 303 Colorado Street, Suite 2300 Austin, Texas 78701 ATTORNEY FOR PLAINTIFF OPSMD, INc. /s/ Andrew K. York ANDREW K. YORK VERIFIED MOTION FOR CONTINUANCE OF HEARING ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ~ PAGE 4 2907843.1VERIFICATION STA’ 2 OF TEXAS Men wn COUNTY OF DALLAS BEFORE ME, the undersigned notary public, on this day personally appeared ANDREW kK. York, who, atier being by me duly sworn, upon his oath deposed and stated that he is the attorney for Defendant MepiGAIn, LLC in this aetion; that he has read the above Verified Motion for Continuance of Hearing on Plaintiffs Motion for Partial Summary Judgment: and that every statement contained therein is within his personal knowledge, and is true and correct. we wv , hy yf wt tee Af . ANDREW K. YORK SUBSCRIBED AND SWORN TO BEFORE ME on the 22nd day of September, 2015. WAS SUSAN LANGLEY " *) Notary Public, State of Texas by) “ Oeeche/ My Commission Exp, 8-1-2017] eer Notary Public State of Texas HEARING ON RY JUD: - PAGE S$