Burlington Resources Oil & Gas Company, LP v. Petromax Operating Co., Inc., Woodbine Acquisition, LLC, N/K/A MD America Energy, LLC, Petro Texas, LLC, CH4 Energy II, LLC, and Texcal Energy South Texas, LP ( 2015 )

ACCEPTED 06-15-00044-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 9/16/2015 4:32:42 PM DEBBIE AUTREY CLERK No. 06-15-00044-CV In the Court Of Appeals 6thTEXARKANA, FILED IN COURT OF APPEALS TEXAS for the Sixth Judicial District of Texas 9/16/2015 4:32:42 PM DEBBIE AUTREY at Texarkana Clerk BURLINGTON RESOURCES OIL & GAS COMPANY LP, Appellant, v. PETROMAX OPERATING CO., INC., WOODBINE ACQUISITION, LLC, PETRO TEXAS, LLC, CH4 ENERGY II, LLC, AND TEXCAL ENERGY SOUTH TEXAS L.P., Appellees. On Appeal from the 12th Judicial District Court Madison County, Texas Cause Number 12-13130-012-10 UNOPPOSED SECOND MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF TO THE HONORABLE COURT OF APPEALS: Appellant Burlington Resources Oil & Gas Company LP respectfully moves the Court to extend the time for filing Appellant’s Brief by 29 days, to and including October 20, 2015. Appellees do not oppose this requested extension. 1. The last of the clerk’s and reporter’s records was filed on July 21, 2015. Burlington obtained a 30-day extension of time to file Appellant’s Brief, which currently is due on September 21, 2015. 1 2. Appellant requests an additional 29-day extension of time to file Appellant’s Brief, to and including October 20, 2015. 3. In support of the requested extension, Appellant would show that Kirsten Castañeda, who has responsibility for drafting Appellant’s Brief, had several unexpected health issues arise for herself and for her mother from August 21, 2015 through the present. These health issues required her attendance at: (1) appointments for herself with two specialists, tests, and an outpatient procedure during the period from August 21 through September 1, 2015; (2) the hospitalization of her mother from August 28 through August 30, 2015, with additional care on September 13, 2015; and (3) a follow-up appointment with a specialist and additional medical testing for her mother on September 14, 2015. Ms. Castañeda’s absences from the office to attend appointments and to stay at the hospital with her mother, coupled with the time spent arranging additional specialist appointments and home health care physical therapy for her mother, diverted her from completing the work she had already devoted to Appellant’s Brief during the initial briefing period. This has interfered with filing the Appellant’s Brief by the current deadline. Ms. Castañeda expects that some additional time will be required to assist with her mother’s ongoing issues, but the groundwork already done will minimize further interference and allow completion of Appellant’s Brief within the extension period requested in this Unopposed Motion. 2 4. In addition, Appellant would show that Roger Townsend, who is lead appellate counsel and also has responsibility for drafting Appellant’s Brief, has been required to devote time to: (a) preparation for and presentation of oral argument in MM Steel, LP vs. JSW Steel (USA) Incorporated, et al., No. 14-20267, in the United States Court of Appeals for the Fifth Circuit on August 31, 2015; and (b) drafting Petitioner’s reply brief on the merits in Eric Yollick v. JJJJ Walker, LLC, et al., No. 14-0974, in the Supreme Court of Texas, due September 18, 2015. These deadlines and commitments further support granting the extension period requested in this Unopposed Motion. . In addition, Appellant would show that John Mercy, who also has responsibility for drafting Appellant’s Brief, has been required to devote time during the briefing period in this appeal to: (a) serving as mediator in Matthew Sankovich v. Grecian Hotels, LLC, et al., No. 2011C-1405, in the 3rd Judicial District Court, Henderson County, Texas; (b) attendance at a hearing in Brandi Williams v. Tillerd Ardean Smith, et al., No. 12-0889, in the 71st Judicial District Court, Harrison County, Texas; (c) attendance at depositions in Cristina Jordan Vega v. Pedro Cano d/b/a Cano’s Tax Service, No. 33,435 in the 276th District Court, Titus County, Texas; (d) serving as mediator in Earline Lahman, et al. v. Cape Fox Corporation et al., No. 84414, in the 62nd District Court of Lamar County, Texas; (e) assisting in preparation of Respondents’ Brief on the Merits in Petrohawk Properties, L.P., et 3 al. v. Noel Diane Jones, et al., No. 15-0200, in the Supreme Court of Texas; and (f) working on Appellant’s Brief in City National Bank of Sulphur Springs v. John Alexander Smith, No. 06-15-00013-CV, in this Court. These deadlines and commitments further support granting the extension period requested in this Unopposed Motion. . Appellant sought and obtained one previous 30-day extension of time to file Appellant’s Brief. This case has not yet been set for submission. Appellant seeks this extension not solely for delay, but so that justice may be done. 7. As reflected in the Certificate of Conference below, Appellees do not oppose the requested extension. PRAYER WHEREFORE, Appellant prays that the Court grant this Motion and extend the deadline for filing Appellant’s Brief in this matter by 29 days, to and including October 20, 2015. Appellant also prays for such other and further relief to which it may be entitled in law or in equity. 4 Respectfully submitted, /s/ Kirsten M. Castañeda Roger D. Townsend State Bar No. 20167600 rtownsend@adjtlaw.com ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP 1844 Harvard Street Houston, Texas 77008 Tel: (713) 523-2358 / Fax: (713) 523-4553 Kirsten M. Castañeda State Bar No. 00792401 kcastaneda@adjtlaw.com ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP 4925 Greenville Avenue, Suite 510 Dallas, Texas 75206 Tel: (214) 369-2358 / Fax: (214) 369-2359 John R. Mercy State Bar No. 13947200 jmercy@texarkanalawyers.com MERCY CARTER TIDWELL, L.L.P. 1724 Galleria Oaks Drive Texarkana, Texas 75503 Tel: (903) 794-9419 / Fax: (903) 794-1268 Fred Hagans State Bar No. 08685500 fhagans@hagans-law.com Kendall C. Montgomery State Bar No. 14293900 kmontgomery@hagans-law.com HAGANS BURDINE MONTGOMERY & RUSTAY, P.C. 3200 Travis, Fourth Floor Houston, Texas 77006 Tel: (713) 222-2700 / Fax: (713) 547-4950 5 Vincent L. Marable III State Bar No. 12961600 trippmarable@sbcglobal.net PAUL WEBB, P.C. 221 N. Houston Street Wharton, Texas 77488 Tel: (979) 532-5331 / Fax: (979) 532-2902 Counsel for Appellant Burlington Resources Oil & Gas Company LP CERTIFICATE OF CONFERENCE I hereby certify that on September 15-16, 2015, I conferred with counsel for Appellees listed in the certificate of service below regarding the extension requested in this Motion, and Rich Phillips responded on behalf of Appellees jointly that they do not oppose the requested extension. /s/ Kirsten M. Castañeda Kirsten M. Castañeda 6 CERTIFICATE OF SERVICE I hereby certify that on the 16th day of September, 2015, a true and correct copy of the foregoing Unopposed Motion is served via e-service through efile.txcourts.gov on Appellees through counsel of record, listed below: Mr. Brad D’Amico Mr. David J. Beck bd@canteyhanger.com dbeck@beckredden.com CANTEY HANGER LLP Mr. Thomas E. Ganucheau 1999 Bryan Street, Suite 3300 tganucheau@beckredden.com Dallas, Texas 75201 BECK REDDEN LLP Counsel for Appellee Petromax 1221 McKinney Street, Suite 4500 Operating Co., Inc. Houston, Texas 77010-2010 Counsel for Appellees Petromax Mr. Greg W. Curry Operating Co., Inc., Petro Texas Greg.Curry@tklaw.com LLC, and CH4 Energy II, LLC Mr. Gregory D. Binns Gregory.Binns@tklaw.com Mr. Jesse R. Pierce Mr. Richard B. Phillips, Jr. JPierce@pierceoneill.com Rich.Phillips@tklaw.com Mr. Brian K. Tully THOMPSON & KNIGHT LLP BTully@pierceoneill.com 1722 Routh Street, Suite 1500 PIERCE & O’NEILL, LLP Dallas, Texas 75201 4203 Montrose Blvd. Counsel for Appellee Woodbine Houston, Texas 77006 Acquisition, LLC n/k/a MD America Counsel for Appellee TexCal Energy LLC Energy South Texas, LP /s/ Kirsten M. Castañeda Kirsten M. Castañeda 7