Baxter Oil Service, Ltd. v. Texas Commission on Environmental Quality

Opinion

ACCEPTED 03-15-00446-CV 8293955 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/17/2015 6:10:11 PM JEFFREY D. KYLE CLERK

NO. 03-15-00446-CV

IN THE FILED IN 3rd COURT OF APPEALS

COURT OF APPEALS FOR THE 12/17/2015 6:10:11 PM AUSTIN, TEXAS

THIRD COURT OF APPEALS DISTRICTJEFFREY D. KYLE Clerk AUSTIN, TEXAS ______________

BAXTER OIL SERVICE, LTD. APPELLANT

VERSUS

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY APPELLEE ______________

APPEAL FROM THE 345TH JUDICIAL DISTRICT COURT, TRAVIS COUNTY, TEXAS NO. D-1-GN-1-0-000772

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF

NOW COMES Appellant Baxter Oil Service, Ltd. and files this Second Unopposed

Motion for Extension of Time to File Reply Brief, and in support thereof would

respectfully show the Court as follows:

1. Appellant filed its opening brief on September 25, 2015. Appellee Texas

Commission on Environmental Quality requested an extension of time within which

to file its brief, which Appellant did not oppose and which was granted. Appellee

thus filed its Brief of Appellee on November 13, 2015, making Appellant’s reply

brief originally due December 3, 2015. Appellant then requested a 20-day extension

{00087193} for filing its reply brief, which was granted. Appellant’s reply brief is currently due

December 23, 2015.

2. In the past week, the undersigned counsel has been involved with an

unexpected injunction hearing in Cause No. 2015-CI-17534, Cibolo Creek Ranch,

Ltd. v. SA Kinder Ranch Unit 10, Inc. and LFV Properties, Ltd., in the 438th Judicial

District Court of Bexar County, Texas, and with jury charge-related activities in

Cause No. 2011-CI-08332, Weynand v. Olmos Equipment, Inc., et al., in the 285th

Judicial District Court of Bexar County, Texas. The Weynand case has been in trial

for three months and at the time Baxter Oil requested its first extension, the

undersigned was unaware that the jury charge work would coincide with the briefing

time on the Baxter Oil reply brief. Additionally, this week the undersigned counsel’s

law firm suffered the loss of a long time assistant and the undersigned counsel has

been out of the office attending to matters surrounding that loss.

3. For all of these reasons, Appellant requests a 20-day extension of time within

which to file Appellant’s reply brief.

4. Counsel for Appellant contacted counsel for Appellee, who indicated that the

requested extension is unopposed.

5. This is Appellant’s second request for an extension for filing its reply brief

and the extension is not sought for delay, but so that justice may be had.

{00087193} –2– WHEREFORE Appellant prays that this Motion be granted such that Appellant’s

reply brief be considered timely filed on or before January 12, 2015, and this Court

award Appellant such other and further relief, both general and special, at law or in

equity, to which it may be entitled.

Respectfully submitted, PULMAN, CAPPUCCIO, PULLEN, BENSON & JONES, LP 2161 NW Military Highway, Suite 400 San Antonio, Texas 78213 www.pulmanlaw.com (210) 222-9494 Telephone (210) 892-1610 Facsimile

By: /s/ Leslie Sara Hyman Elliott S. Cappuccio Texas State Bar No. 24008419 ecappuccio@pulmanlaw.com Leslie Sara Hyman Texas State Bar No. 00798274 lhyman@pulmanlaw.com Matthew J. McGowan mmcgowan@pulmanlaw.com Texas State Bar No. 24098077

ATTORNEYS FOR APPELLANT

{00087193} –3– CERTIFICATE OF SERVICE

I certify that on the 17th day of December, 2015, the foregoing Appellant’s

Second Unopposed Motion for Extension of Time to File Reply Brief was served in

accordance with the Texas Rules of Appellate Procedure addressed as follows:

Via Email to thomas.edwards@texasattorneygeneral.gov: Mr. Thomas H. Edwards Via Email to craig.pritzlaff@texasattorneygeneral.gov: Mr. Craig Pritzlaff Office of the Attorney General Environmental Protection Division P.O. Box. 12548, Capitol Station Austin, Texas 78711

/s/ Leslie Sara Hyman Leslie Sara Hyman

{00087193} –4–