Regina Carson v. Blue Cross Blue Shield of Texas, Inc., a Division of Health Care Service Corporation, Anita C. Johnson, Yvonne Sternadel A/K/A Vonnie S., Laura M. McClelland, Lauren Collins Reeser, Jane Cordray, Jason Ramirez, Jennifer Tracey, Christopher Flinn, and Teacher Retirement System of Texas

ACCEPTED 15-24-00108-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 10/15/2025 12:02 PM No. 15-24-00108-CV CHRISTOPHER A. PRINE CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS FOR THE FIFTEENTH DISTRICT AUSTIN, TEXAS AUSTIN, TEXAS 10/15/2025 12:02:39 PM CHRISTOPHER A. PRINE Clerk REGINA CARSON, Appellant

v.

BLUE CROSS BLUE SHIELD OF TEXAS, INC., a division of HEALTH CARE SERVICE CORPORATION, ANITA C. JOHNSON, YVONNE STERNADEL a/k/a VONNIE S., LAUREN COLLINS REESER OR LAURA M. MCCLELLAND a/k/a LORI, JANE CORDRAY a/k/a JANE, JASON RAMIREZ a/k/a JASON R., JENNIFER TRACEY a/k/a JENNIFER T., CHRISTOPHER FLINN a/k/a CHRIS, and TEACHERS RETIREMENT SYSTEM OF TEXAS d/b/a TEACHERS RETIREMENT SYSTEM OF TEXAS ACTIVECARE PLAN, Appellees

From Cause No. CC-23-02212-E in the County Court at Law No. 5, Dallas County, Texas, Honorable Nicole Taylor, Presiding

APPELLANT’S OPPOSED SECOND MOTION TO EXTEND TIME TO FILE APPELLANT’S MOTION FOR REHEARING

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS:

COMES NOW, Regina Carson (“Appellant” or “Carson”), and files Appellant’s Opposed Second Motion to Extend Time to File Appellant’s Motion for Rehearing, and would show this Honorable Court as follows:

Page 1 of 7

I. BACKGROUND

This Honorable Court issued a memorandum opinion on August 29, 2025. Appellant’s Motion for Rehearing is due on October 15, 2025 pursuant to this Court’s order dated September 23, 2025 granting Appellant’s first extension of time.

Since the time the extension was granted, Carson’s counsel has attempted to complete and finalize Appellant’s Motion for Rehearing but is unable to do so by the October 15th deadline. A brief five (5) day extension is needed.

II. RELIEF REQUESTED

Appellant respectfully requests the Court grant her a five (5) day extension until October 20, 2025 to file Appellant’s Motion for Rehearing. This is the second extension request sought for Appellant’s Motion for Rehearing and is intended to be the last.

III. ARGUMENT AND AUTHORITIES

A. The Law

Tex. R. App. P. 49.9 provides that a party may seek an extension of time to file a motion for rehearing if the motion is filed no later than fifteen (15) days after the deadline for filing a motion for rehearing. Although Rule 49.9 does not

Page 2 of 7 specifically set out the standard and/or grounds for granting an extension, Tex. R. App. P. 10.5(b) addresses motions for extension of time.

Rule 10.5(b) provides that a motion to extend time must state: (1) the deadline for filing the item; (2) the length of extension being requested; (3) the facts relied on to reasonably explain the need for an extension; and (4) the number of previous extensions granted for the filing.

While the standard for granting a motion to extend time to file a motion for rehearing is abuse of discretion, the movant need only reasonably explain the basis for the extension request for it to be granted. Nolan v. Ramsey, 783 S.W.2d 212, 212-13 (Tex. 1990); see also Hone v. Hanafin, 104 S.W.3d 884, 887 (Tex. 2003) (per curium).

B. Application of the Law to the Facts

Appellant has complied with Rules 10.5(b)(1) and 49.9 and demonstrates good cause as explained below for this brief five (5) day extension. Appellant’s counsel has been involved in the following time sensitive matters in the last thirty (30) days or more, which has unfortunately dominated counsel’s time to complete and finalize Appellant’s Motion for Rehearing:

1. Gratitude Restaurant Group, Inc. v. OSO Coffee Company, LLC, Mark

Nelson, and Clint A. Stegall; Cause No. 2024-1153-6 in the 474th District

Court of McLennan County, Texas – extensive summary judgment

Page 3 of 7 briefing, responses, sur-replies, and objections for a summary judgment motion originally filed by Defendants on September 22, 2025 with a schedule set by the trial court for responses, replies, sur-replies and objections, with the last filing deadline on October 13, 2025, 2. Preparation, extensive review of documents, and in-person attendance at a full day mediation for the lawsuit styled UVL Acquisition Holding, LLC, et al. v. Jeff Benzin, et al., Cause No. CC-25-02336-D in the County Court at Law No. 4 of Dallas County, Texas; 3. Ashley Holbert v. Charles Noteboom, et al., Cause No. CC-24-01570-B in the County Court at Law No. 2 of Dallas County, Texas – extensive preparation and in-person attendance for all day depositions that took place on October 6, 7, 8, 9, and 10, 2025; 4. Freight Essentials, LLC v. Madine, Case No. 3:24-cv-03014-N in the United States District Court for the Northern District of Texas and Freight Essentials, LLC v. Globaltranz Enterprises, LLC, Cause No. DC-23-14235 in the 44th Judicial District Court of Dallas County, Texas – time sensitive representation of client surrounding a claimed fee dispute; 5. Midland County Hosp. Dist. v. McCarthy Building Companies, Inc., Cause No. CV59430 in the 142nd Judicial District Court of Midland County, Texas – coverage counsel to Defendant Ivey Mechanical Company

Page 4 of 7

involving critical coverage matters in order to resolve the lawsuit as well

as funding issues for settlement and time sensitive deadlines for settlement;

and

6. Representation of a client in a bar grievance that required a detailed

response and investigation.

These and other pending matters and issues demonstrate that Carson (and specifically her counsel) were not being deliberately indifferent or intentionally disregarding the deadline for filing her motion for rehearing in this matter. Carson has demonstrated good cause for her extension request. As a two-attorney firm, work and tasks cannot be delegated to others.

Appellees are opposed to Appellant’s extension request but have not provided a reason for their opposition.

The extension is not sought for delay, will not prejudice any party, and is made so that justice will be done.

Appellant requests the Court grant her an extension until October 20, 2025 to file Appellant’s Motion for Rehearing.

IV. CONCLUSION

Appellant has demonstrated good cause for the extension sought. Appellant’s request should be granted.

Page 5 of 7

WHEREFORE, PREMISES CONSIDERED, Appellant prays this Honorable Court grant her motion as requested herein and grant Appellant such other and further relief to which she is entitled.

Respectfully submitted,

By: /s/ Mark A. Ticer Mark A. Ticer State Bar #20018900 mticer@ticerlaw.com Jennifer W. Johnson State Bar #24060029 jjohnson@ticerlaw.com

LAW OFFICE OF MARK A. TICER 10440 N. Central Expressway, Suite 600 Dallas, Texas 75231 (214) 219-4220 (214) 219-4218 (FAX)

ATTORNEYS FOR APPELLANT REGINA CARSON

CERTIFICATE OF CONFERENCE

I hereby certify that I had a conference on October 15, 2025 with Appellees’ counsel who advised that they oppose an extension for filing Appellants’ Motion for Rehearing.

/s/ Mark A. Ticer Mark A. Ticer

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was served on all counsel of record, via e-file, on this the 15th day of October 2025.

/s/ Mark A. Ticer Mark A. Ticer

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Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Lisa Amerson on behalf of Mark Ticer Bar No. 20018900 lamerson@ticerlaw.com Envelope ID: 106870992 Filing Code Description: Motion Filing Description: Appellant's Opposed Second Motion for Extension of Time Status as of 10/15/2025 12:14 PM CST

Case Contacts Name BarNumber Email TimestampSubmitted Status Brooke Bailey bbailey@ticerlaw.com 10/15/2025 12:02:39 PM SENT Michelle Smith msmith@ticerlaw.com 10/15/2025 12:02:39 PM SENT Thomas Bevilacqua thomas.bevilacqua@oag.texas.gov 10/15/2025 12:02:39 PM SENT Alan York ayork@reedsmith.com 10/15/2025 12:02:39 PM SENT Scott Williams scott.williams@reedsmith.com 10/15/2025 12:02:39 PM SENT Mark Ticer mticer@ticerlaw.com 10/15/2025 12:02:39 PM SENT Jennifer Johnson jjohnson@ticerlaw.com 10/15/2025 12:02:39 PM SENT Carolyn James cjames@reedsmith.com 10/15/2025 12:02:39 PM SENT Ana Falcon afalcon@reedsmith.com 10/15/2025 12:02:39 PM SENT Martin Bishop mbishop@reedsmith.com 10/15/2025 12:02:39 PM ERROR Cheryl Blount cblount@reedsmith.com 10/15/2025 12:02:39 PM ERROR Charletta Dawson cdawson@reedsmith.com 10/15/2025 12:02:39 PM SENT Callie Snider csnider@reedsmith.com 10/15/2025 12:02:39 PM SENT