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

Court of Appeals of Texas·Decided December 30, 2015·No. 06-15-00044-CV·Published

Opinion

ACCEPTED

06-15-00044-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS 12/30/2015 9:36:28 AM

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 12/30/2015 9:36:28 AM

DEBBIE AUTREY

at Texarkana Clerk

BURLINGTON RESOURCES OIL & GAS COMPANY LP,

Appellant,

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 MOTION TO EXTEND TIME TO FILE APPELLANT’S REPLY 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 Reply Brief by 15 days, to and

including January 26, 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 filed Appellant’s Brief on October 20, 2015. Appellees filed Appellees’

Brief on December 21, 2015. Burlington’s Reply Brief is currently due to be filed

on January 11, 2016.

2. Appellant requests a 15-day extension of time to file Appellant’s Reply

Brief, to and including January 26, 2016.

3. In support of the requested extension, Appellant would show that, in

addition to the Christmas and New Year’s holidays, the following commitments of

Appellant’s counsel responsible for drafting Appellant’s Reply Brief interfere with

preparation of the brief by the current deadline:

a. Roger Townsend is traveling out of the country, with extremely

limited Internet access, until January 5, 2016. During the week of his return,

he is scheduled to appear for jury duty and also will travel to attend oral

argument in No. 15-20125, Aspire Commodoties, LP, et al. v. GDF Suez

Energy North America, Inc., et al., in the U.S. Court of Appeals for the Fifth

Circuit.

b. Kirsten Castañeda is required to devote time during the reply

period to drafting a brief on the merits in No. 15-0596, Mary Kay Inc. v. eBay

Inc., in the Texas Supreme Court.

c. John Mercy is required to devote time during the reply period to

drafting reply briefs in No. 06-15-00370-CV, Michael Lee v. The Rogers

Agency, et al., and No. 06-15-00013-CV, City National Bank of Sulphur

Springs v. John Alexander Smith, both in this Court.

4. Appellant has not sought or obtained any extensions of time to file

Appellant’s Reply 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.

5. 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 Reply Brief in this matter by 15 days, to and

including January 26, 2016. Appellant also prays for such other and further relief to

which it may be entitled in law or in equity.

Respectfully submitted,

/s/ Kirsten M. Castañeda

John R. Mercy Kirsten M. Castañeda State Bar No. 13947200 State Bar No. 00792401 jmercy@texarkanalawyers.com kcastaneda@adjtlaw.com MERCY CARTER TIDWELL, L.L.P. ALEXANDER DUBOSE JEFFERSON & 1724 Galleria Oaks Drive TOWNSEND LLP Texarkana, Texas 75503 4925 Greenville Avenue, Suite 510 Tel: (903) 794-9419 Dallas, Texas 75206 Fax: (903) 794-1268 Tel: (214) 369-2358 Fax: (214) 369-2359

Vincent L. Marable III State Bar No. 12961600 Roger D. Townsend trippmarable@sbcglobal.net State Bar No. 20167600 PAUL WEBB, P.C. rtownsend@adjtlaw.com 221 N. Houston Street ALEXANDER DUBOSE JEFFERSON & Wharton, Texas 77488 TOWNSEND LLP Tel: (979) 532-5331 1844 Harvard Street Fax: (979) 532-2902 Houston, Texas 77008 Tel: (713) 523-2358 Fax: (713) 523-4553

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

Attorneys for Appellant

Burlington Resources Oil & Gas Company LP

CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Rich Phillips regarding the extension requested in this Motion, and Rich Phillips communicated on behalf of Appellees jointly that they do not oppose the requested extension.

/s/ Kirsten M. Castañeda

Kirsten M. Castañeda

CERTIFICATE OF SERVICE

I hereby certify that on the 30th day of December, 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. Greg W. Curry Mr. David J. Beck Greg.Curry@tklaw.com dbeck@beckredden.com Mr. Gregory D. Binns Mr. David M. Gunn Gregory.Binns@tklaw.com dgunn@beckredden.com Mr. Richard B. Phillips, Jr. Mr. Thomas E. Ganucheau Rich.Phillips@tklaw.com tganucheau@beckredden.com THOMPSON & KNIGHT LLP Mr. Jim Taylor 1722 Routh Street, Suite 1500 jtaylor@beckredden.com Dallas, Texas 75201 BECK REDDEN LLP Counsel for Appellee Woodbine 1221 McKinney Street, Suite 4500 Acquisition, LLC n/k/a MD America Houston, Texas 77010-2010 Energy LLC Counsel for Appellees Petromax Ms. Deborah G. Hankinson Operating Co., Inc., Petro Texas dhankinson@hankinsonlaw.com LLC, and CH4 Energy II, LLC Ms. Stephanie Dooley Nelson Mr. Brad D’Amico snelson@hankinsonlaw.com bd@canteyhanger.com HANKINSON LLP CANTEY HANGER LLP 750 N. St. Paul Street, Suite 1800 1999 Bryan Street, Suite 3300 Dallas, Texas 75201 Dallas, Texas 75201 Counsel for Appellee TexCal Energy Counsel for Appellee Petromax South Texas, L.P. Operating Co., Inc. Mr. Jesse R. Pierce Mr. Jeffery C. Lewis JPierce@pierceoneill.com jlewis@arwhlaw.com Mr. Brian K. Tully ATCHLEY, RUSSELL, WALDROP & BTully@pierceoneill.com HLAVINKA, LLP PIERCE & O’NEILL, LLP 1710 Moores Lane 4203 Montrose Blvd. Texarkana, Texas 75503 Houston, Texas 77006 Counsel for Appellee Woodbine Counsel for Appellee TexCal Energy Acquisition, LLC n/k/a MD America South Texas, LP Energy LLC

/s/ Kirsten M. Castañeda

Kirsten M. Castañeda

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ACCEPTED

06-15-00044-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS 12/30/2015 9:36:28 AM

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 12/30/2015 9:36:28 AM

DEBBIE AUTREY

at Texarkana Clerk

BURLINGTON RESOURCES OIL & GAS COMPANY LP,

Appellant,

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 MOTION TO EXTEND TIME TO FILE APPELLANT’S REPLY 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 Reply Brief by 15 days, to and

including January 26, 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 filed Appellant’s Brief on October 20, 2015. Appellees filed Appellees’

Brief on December 21, 2015. Burlington’s Reply Brief is currently due to be filed

on January 11, 2016.

2. Appellant requests a 15-day extension of time to file Appellant’s Reply

Brief, to and including January 26, 2016.

3. In support of the requested extension, Appellant would show that, in

addition to the Christmas and New Year’s holidays, the following commitments of

Appellant’s counsel responsible for drafting Appellant’s Reply Brief interfere with

preparation of the brief by the current deadline:

a. Roger Townsend is traveling out of the country, with extremely

limited Internet access, until January 5, 2016. During the week of his return,

he is scheduled to appear for jury duty and also will travel to attend oral

argument in No. 15-20125, Aspire Commodoties, LP, et al. v. GDF Suez

Energy North America, Inc., et al., in the U.S. Court of Appeals for the Fifth

Circuit.

b. Kirsten Castañeda is required to devote time during the reply

period to drafting a brief on the merits in No. 15-0596, Mary Kay Inc. v. eBay

Inc., in the Texas Supreme Court.

c. John Mercy is required to devote time during the reply period to

drafting reply briefs in No. 06-15-00370-CV, Michael Lee v. The Rogers

Agency, et al., and No. 06-15-00013-CV, City National Bank of Sulphur

Springs v. John Alexander Smith, both in this Court.

4. Appellant has not sought or obtained any extensions of time to file

Appellant’s Reply 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.

5. 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 Reply Brief in this matter by 15 days, to and

including January 26, 2016. Appellant also prays for such other and further relief to

which it may be entitled in law or in equity.

Respectfully submitted,

/s/ Kirsten M. Castañeda

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

Attorneys for Appellant

Burlington Resources Oil & Gas Company LP

/s/ Kirsten M. Castañeda

Kirsten M. Castañeda

CERTIFICATE OF SERVICE

/s/ Kirsten M. Castañeda

Kirsten M. Castañeda

Pincite

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 (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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.