Brad and Randi Aery, and the House Intervenors Lloyd House, Robert Eugene House, Magdalen House, Judith Ann House, Wayne House, Jimmy R. House, Edna Pawelek Ulbrich, Peter Pawelek, Jesse Pawelek, Ruby Pawelek Schumacher, Elizabeth Pawalek Reigh, Roy Mitch v. Hoskins, Inc.

Court of Appeals of Texas·Decided April 22, 2015·No. 04-14-00807-CV·Published

Opinion

ACCEPTED 04-14-00807-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/22/2015 2:43:41 PM KEITH HOTTLE CLERK

No. 04-14-00807-CV

IN THE COURT OF APPEALS FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS DISTRICT OF TEXAS SAN ANTONIO, TEXAS 04/22/2015 2:43:41 PM KEITH E. HOTTLE Clerk

BRAD AERY, ET AL., Appellants V.

HOSKINS, INC., ET AL., Appellees.

On Appeal from 36th District Court of McMullen County, Texas Trial Court Cause No. M-12-0045-CV-A

UNOPPOSED MOTION OF APPELLEE JANE W. HOSKINS FOR EXTENSION OF TIME TO FILE APPELLEE BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW Appellee Jane W. Hoskins ("Hoskins"), in accord with

Texas Rules of Appellate Procedure 2, 10.5(b) and 38.6(d), and respectfully moves this Court for

an unopposed extension of time to file his Appellee's Brief.

1. This appeal it taken from a judgment entered October 21, 2014, by the 36th Judicial

District Court of McMullen County, in Cause No. M-12-0045-CV-A, styled Brad Aery and

Randi Aery, et al. v. Hoskins, Inc., et al. 2. Appellant's Notice of Appeal was filed November 14, 2014. By order dated January 23,

2015, this Court deemed that the Clerk's record was filed.

3. Appellants' Brief was originally due to be filed on February 23, 2015. However,

Appellants sought and were granted an extension of thirty (30) days in which to file their Brief.

Appellants' brief was timely filed on March 20, 2015.

4. Hoskins respectfully requests an extension of thirty (30) days in which to prepare and file

his Appellee's brief, making the new deadline May 20, 2015.

5. undersigned counsel for Appellants conferred by email with Rosemarie Kanusky,

counsel of record for the House Appellants, and Dan Pozza, counsel of record for the Aery

Appellants, concerning the requested extension. No party is opposed.

6. Appellee Hoskins requires an extension of time to file his reply brief because he

was recently employed in this matter (after believing that other counsel would represent this

Appellee. Other Appellees have also filed unopposed motions for extension of time and this

Appellee adopts the rationale expressed therein.

7. This is Appellee's first request for an extension of time. This request is not sought

for delay, but in order that justice may be done, and in order that Appellee may examine and

consider the issues raised in Appellants' brief, and adequately address issues in this appeal.

WHEREFORE, PREMISES CONSIDERED, Appellee Jane W.. Hoskins respectfully

requests that the Court grant this motion and extend the deadline to file his brief for thirty days to May 20, 2015. Appellee further requests such other relief to which he may be justly entitled.

Respectfully submitted,

/s/ Benjamin F. Youngblood III ________________________________ Benjamin F. Youngblood III State Bar No. 22213700

Benjamin F. Youngblood III, P.L.L.C. 8207 Callaghan Road, Suite 100 San Antonio, Texas 78230 Telephone: (210) 308-9829 Telefax: (210) 308-9854 Email: bfy@Prodigy.net

ATTORNEYS FOR APPELLEE,

Jane W. Hoskins CERTIFICATE OF SERVICE

I hereby certify that the foregoing was served via e-service on this the 21st day of April, 2015, in compliance with the Texas Rules of Civil Procedure by serving the following counsel of record:

Marc K. Whyte Ezra A. Johnson whytemarc@gmail.com ejohnson@ufjblaw.com WHYTE, PLLC Uhl, Fitzsimmons, Jewett & Burton PLLC 209 Tuttle 4040 Broadway, Ste 430 San Antonio, Texas 78209 Attorney for San Antonio, Texas 78209 Brad and Rand! Aery Attorneys for Blake C. Hoskins

Dan Pozza C. David Kinder dpozzayahoo.com dkinder@coxsmith.com LAW OFFICE OF DAN POZZA Cox SMITH MATTHEWS 239 E. Commerce Street San INCORPORATED Antonio, Texas 78205 112 E. Pecan Street, Suite 1800 Attorney for Brad and Rand! Aery San Antonio, Texas 78205 Attorneys for Hoskins, Inc., Melanie Hessler Phipps C. Clifton Hoskins and Trudy Ann Day mphipps@kplegal.com Kustoff & Phipps, LLP Michael C. Sartori 4103 Parkdale St. michael@msartori.com San Antonio, Texas 78229 Attorney for P.O. Box 1222 Brad and Rand! Aery George West, Texas 78022 Attorney for Hazel Q. Hoskins Matthew F. Wymer mwymerbmpllp.com BEIRNE, MAYNARD & PARSONS, Conner R. Jackson LLP cjackson@hfdlaw.com R. 112 East Pecan Street, Suite 2750 San Clay Hoblit Antonio, Texas 78205 Attorney for choblit@hfdlaw.com Brad and Rand! Aery HOBLIT FERGUSON DARLING, LLP 802 North Carancahua Corpus Christi, Texas 78401 Attorneys for Aurora Resources Rosemary Kanusky Peter E. Hosey rosemaiieknuskynortonmseJhllbrightcom John phoseyjw.corn W. Weber, Jr. Julia W. Mann john.weber@nortonrosefulbrigth.com Jeffrey jmann@jw.com A. Webb jeff.webb@nortonrosefulbrigth.com JACKSON WALKER L.L.P. NORTON ROSE FULBRIGHT US L.L.P. 112 E. Pecan Street, Suite 2400 300 Convent Street, Suite 2100 San Antonio, San Antonio, Texas 78205 Texas 78205-3792 Attorneys for James House Attorneys for Lee Ann Kulka, Lee Roy Family Hoskins, III and Andrea Jurica

Jason A. Newman Jason.newman@bakerbotts.com Meghan David L. Ylitalo Dawson McElvy dylitalo(coatsrose . corn Meghan.mcelvyrrubakerbotts. corn Coats Rose, A P.C. BAKER BOTTS L.L.P 1020 Northeast Loop 410, Suite 800 San One Shell Plaza Antonio, Texas 78209 910 Louisiana Street Attorneys for Leonard Hoskins Houston, Texas 77002

Attorneys for Texoz E&P I, Inc. Bruce D. Oakley David W. Navarro Bruce.oakley,hoganlovells .com Robert L. dnavarro@hsfblaw.com Pillow Robert.pillowhoganlovells . corn Brendon C. Holm Hogan Lovells US LLP bholm@hsfblaw.com 700 Louisiana Street, Suite 4300 Houston, The Quarry Heights Building Texas 77002 73 73 Broadway, Suite 300 San Attorneys for Armadillo E&P, Inc., Sea Antonio, TX 78209 Attorneys for Eagle Ford, LLC, and Sundance Energy, Inc. Brent C. Hoskins

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ACCEPTED 04-14-00807-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/22/2015 2:43:41 PM KEITH HOTTLE CLERK

No. 04-14-00807-CV

IN THE COURT OF APPEALS FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS FOURTH COURT OF APPEALS DISTRICT OF TEXAS SAN ANTONIO, TEXAS 04/22/2015 2:43:41 PM KEITH E. HOTTLE Clerk

BRAD AERY, ET AL., Appellants V.

HOSKINS, INC., ET AL., Appellees.

On Appeal from 36th District Court of McMullen County, Texas Trial Court Cause No. M-12-0045-CV-A

UNOPPOSED MOTION OF APPELLEE JANE W. HOSKINS FOR EXTENSION OF TIME TO FILE APPELLEE BRIEF

TO THE HONORABLE COURT OF APPEALS:

COMES NOW Appellee Jane W. Hoskins ("Hoskins"), in accord with

Texas Rules of Appellate Procedure 2, 10.5(b) and 38.6(d), and respectfully moves this Court for

an unopposed extension of time to file his Appellee's Brief.

1. This appeal it taken from a judgment entered October 21, 2014, by the 36th Judicial

District Court of McMullen County, in Cause No. M-12-0045-CV-A, styled Brad Aery and

Randi Aery, et al. v. Hoskins, Inc., et al. 2. Appellant's Notice of Appeal was filed November 14, 2014. By order dated January 23,

2015, this Court deemed that the Clerk's record was filed.

3. Appellants' Brief was originally due to be filed on February 23, 2015. However,

Appellants sought and were granted an extension of thirty (30) days in which to file their Brief.

Appellants' brief was timely filed on March 20, 2015.

4. Hoskins respectfully requests an extension of thirty (30) days in which to prepare and file

his Appellee's brief, making the new deadline May 20, 2015.

5. undersigned counsel for Appellants conferred by email with Rosemarie Kanusky,

counsel of record for the House Appellants, and Dan Pozza, counsel of record for the Aery

Appellants, concerning the requested extension. No party is opposed.

6. Appellee Hoskins requires an extension of time to file his reply brief because he

was recently employed in this matter (after believing that other counsel would represent this

Appellee. Other Appellees have also filed unopposed motions for extension of time and this

Appellee adopts the rationale expressed therein.

7. This is Appellee's first request for an extension of time. This request is not sought

for delay, but in order that justice may be done, and in order that Appellee may examine and

consider the issues raised in Appellants' brief, and adequately address issues in this appeal.

WHEREFORE, PREMISES CONSIDERED, Appellee Jane W.. Hoskins respectfully

requests that the Court grant this motion and extend the deadline to file his brief for thirty days to May 20, 2015. Appellee further requests such other relief to which he may be justly entitled.

Respectfully submitted,

/s/ Benjamin F. Youngblood III ________________________________ Benjamin F. Youngblood III State Bar No. 22213700

Benjamin F. Youngblood III, P.L.L.C. 8207 Callaghan Road, Suite 100 San Antonio, Texas 78230 Telephone: (210) 308-9829 Telefax: (210) 308-9854 Email: bfy@Prodigy.net

ATTORNEYS FOR APPELLEE,

Jane W. Hoskins CERTIFICATE OF SERVICE

I hereby certify that the foregoing was served via e-service on this the 21st day of April, 2015, in compliance with the Texas Rules of Civil Procedure by serving the following counsel of record:

Pincite

Brad and Randi Aery, and the House Intervenors Lloyd House, Robert Eugene House, Magdalen House, Judith Ann House, Wayne House, Jimmy R. House, Edna Pawelek Ulbrich, Peter Pawelek, Jesse Pawelek, Ruby Pawelek Schumacher, Elizabeth Pawalek Reigh, Roy Mitch v. Hoskins, Inc. (Brad and Randi Aery, and the House Intervenors Lloyd House, Robert Eugene House, Magdalen House, Judith Ann House, Wayne House, Jimmy R. House, Edna Pawelek Ulbrich, Peter Pawelek, Jesse Pawelek, Ruby Pawelek Schumacher, Elizabeth Pawalek Reigh, Roy Mitch v. Hoskins, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.