Johannes B. Massar v. Pegasus Pain Management, PLLC

ACCEPTED
15-25-00054-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
10/1/2025 4:59 PM
No. 15-25-00054-CV CHRISTOPHER A. PRINE
CLERK
FILED IN
15th COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE FIFTEENTH DISTRICT
AUSTIN, TEXAS
AUSTIN, TEXAS 10/1/2025 4:59:25 PM
CHRISTOPHER A. PRINE
Clerk
JOHANNES B. MASSAR,
Appellant

v.

PEGASUS PAIN MANAGEMENT, PLLC,
Appellee

From Cause No. CC-22-00078-B in the County Court at Law No. 2, Dallas
County, Texas, Honorable Melissa Bellan, Presiding

APPELLEE’S UNOPPOSED MOTION TO EXTEND TIME
TO FILE APPELLEE’S BRIEF

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS:

COMES NOW, Pegasus Pain Management, PLLC (“Appellee” or “PPM”),

and files Appellee’s Unopposed Motion to Extend Time to File Appellee’s Brief, and

would show this Honorable Court as follows:

I.
BACKGROUND

On September 8, 2025, Appellant Johannes B. Massar (“Appellant”) filed

Brief of Appellant. Based on Tex. R. App. P. 38.6(b), Appellee’s Brief is due on or

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before October 8, 2025. Appellee requests a thirty (30) day extension until

November 7, 2025 to file its brief.

Appellant does not oppose this extension request.

II.
RELIEF REQUESTED

Appellee respectfully requests the Court grant it an extension until November

7, 2025 to file Appellee’s Brief. This is the first extension request sought for

Appellee’s Brief.

III.
ARGUMENT AND AUTHORITIES

A. The Law

Rule 10.5(b) of the Texas Rules of Appellate Procedure provides that a party

may seek an extension of time to file its brief by complying with Rule 10.5(b)(1).

See Tex. R. App. P. 38.6(d). A motion to extend time must include: (1) the deadline

for filing the item at issue; (2) the length of the extension sought; (3) the facts relied

on to support the request for an extension; and (4) the number of previous extensions

granted. See Tex. R. App. P. 10.5(b)(1).

B. Application of the Law to the Facts

Appellee has complied with Rules 10.5(b)(1) and has demonstrated good

cause as explained below for an extension. Good cause exists for granting Appellee

a thirty (30) day extension to November 7, 2025 to file its brief. Among other

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considerations, Appellee’s counsel has been involved in the following time sensitive

matters in the last thirty (30) days or more:

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 – summary judgment briefing,

responses, and objections for a summary judgment hearing on September

15, 2025 in Waco, Texas. Without leave of court, the summary judgment

movants filed a new summary judgment motion, purported evidence,

objections, and a response/reply less than five (5) hours before the hearing,

asking for these filings to be decided at the 1:30 p.m. hearing. In addition

to the significant time devoted to briefing, research, filing of a response,

objections, and related motions, these last minute filings required

immediate attention. Following the September 15th hearing, the Court

ordered GRG to respond to the Defendants’ new summary judgment

motion by September 29, 2025, which GRG did;

2. Urban Oil & Gas Group, LLC v. Aspen Specialty Insurance Company,

Civil Action No. 4:24-CV-00854 in the United States District Court for the

Eastern District of Texas, Sherman Division – preparation of lengthy and

comprehensive expert report for Plaintiff Urban Oil & Gas Group, LLC

due on August 29, 2025. The preparation of the report required review of

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hundreds of documents;

3. Intensive view of materials and settlement negotiations involving

insurance coverage in Midland County Hospital District v. McCarthy

Building Companies, Inc. et al., Cause No. CV59430; Midland County

District Court. These negotiations intensified in the last few weeks

necessitating numerous conferences and evaluations;

4. Preparation, review, and drafting of several time sensitive lawsuits styled

UV Logistics, LLC d/b/a United Vision Logistics v. Hallmark County

Mutual Insurance Company, Cause No. CC-25-07082-C in the County

Court at Law No. 3 of Dallas County, Texas and UV Logistics, LLC d/b/a

United Vision Logistics v. Atlantic Specialty Insurance Company, Cause

No. 25-09-65097-CV in the 79th District Court of Jim Wells County,

Texas;

5. Preparation of two responses and two sur-replies on behalf of a client in a

pending Bar disciplinary matter that has time sensitive deadlines without

the availability of any extensions;

6. Returning from vacation on August 11, 2025 and playing catch-up on a

host of other generally pending client matters;

7. Intense review and participation in TNT Gaming Center LLC and TNT

Family Entertainment, Inc. v. American Specialty Insurance & Risk

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Services, Inc., Arch Specialty Insurance Company, St. Paul Fire and

Marine Insurance Company, et al; Civil Action No. 3:24-cv-01995-K, in

the United States District Court for the Northern District of Texas, Dallas

Division regarding several issues including settlement, remand of the case,

and lien related issues; and

8. Complex coverage analysis for a client in a time sensitive matter for

purposes of negotiating and evaluating a resolution.

These and other pending matters and issues demonstrate that Appellee (and

specifically its counsel) were not being deliberately indifferent or intentionally

disregarding deadlines in this matter. As a two-attorney firm, work and tasks cannot

be delegated to others in a large firm.

Appellant is not opposed to Appellee’s extension request. The extension is not

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

done.

Appellee requests the Court grant it an extension until November 7, 2025 to

file Appellee’s Brief.

IV.
CONCLUSION

Appellee has demonstrated good cause for the extension sought. Appellee’s

request should be granted.

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WHEREFORE, PREMISES CONSIDERED, Appellee prays this Honorable

Court grant its motion as requested herein and grant Appellee such other and further

relief to which it 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 APPELLEE
PEGASUS PAIN MANAGEMENT, PLLC

CERTIFICATE OF CONFERENCE

I hereby certify that I conferred with counsel for Appellant on September 30,
2025. Appellant does not oppose Appellee’s extension request,

/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 1st 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: 106337383
Filing Code Description: Motion
Filing Description: Appellee's Unopposed Motion to Extend Time to File
Appellee's Brief
Status as of 10/2/2025 7:08 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Raymond R.Fernandez rfernandez@fernandezllp.com 10/1/2025 4:59:25 PM SENT

Robert L.Knebel rknebel@fernandezllp.com 10/1/2025 4:59:25 PM SENT

Jennifer WeberJohnson jjohnson@ticerlaw.com 10/1/2025 4:59:25 PM SENT

Mark Ticer 20018900 mticer@ticerlaw.com 10/1/2025 4:59:25 PM SENT

Brooke Bailey bbailey@ticerlaw.com 10/1/2025 4:59:25 PM SENT

Michelle Smith msmith@ticerlaw.com 10/1/2025 4:59:25 PM SENT