Carrizo Oil & Gas, Inc. v. Barrow-Shaver Resources Company

Opinion

ACCEPTED 12-15-00083-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 4/21/2015 4:21:23 PM CATHY LUSK CLERK

No. 12-15-00083-CV

FILED IN 12th COURT OF APPEALS In the Twelfth District Court of Appeals TYLER, TEXAS Tyler, Texas 4/21/2015 4:21:23 PM CATHY S. LUSK Clerk Carrizo Oil & Gas, Inc., Appellant,

v.

Barrow-Shaver Resources Company, Appellee.

On Appeal from the 7th Judicial District Court Smith County, Texas Cause No. 12-2565-A

AGREED MOTION TO EXTEND DEADLINE FOR SELECTING MEDIATOR

TO THE HONORABLE COURT OF APPEALS:

On April 14, 2015, the Court issued an Order Referring Case to Mediation

that required the parties, among other things, to notify the Court in writing of any

agreed mediator within seven days of the Order.

Counsel for both parties have been researching and discussing possible

mediators and logistical issues relating to mediation since that time and believe they

can reach an agreement as to a mediator and place for mediation for this matter, but

need more time to do so. The parties anticipate that they will be able to inform the

Court of an agreement by the end of the week, but want to insure sufficient time to

work out the details. The parties therefore jointly and respectfully request that the

Court grant them an extension of time of seven days to comply with the Court’s

Order as to the written notification of an agreed mediator.

CONCLUSION AND PRAYER For these reasons, Appellant Carrizo Oil & Gas, Inc. and Appellee Barrow-

Shaver Resources Company request that the Court: (i) grant this Agreed Motion to

Extend Deadline for Selecting Mediator; (ii) order that the deadline for complying

with the Court’s April 14, 2015, Order requiring the parties to notify it in writing as

to an agreed mediator is extended to April 28, 2015; and (iii) grant such other and

further relief to which the parties are entitled.

Respectfully submitted,

/s/ Marcy Hogan Greer Marcy Hogan Greer State Bar No. 08417650 mgreer@adjtlaw.com ALEXANDER DUBOSE JEFFERSON & TOWNSEND LLP 515 Congress Avenue, Suite 2350 Austin, Texas 78701 Telephone: (512) 482-9300 Facsimile: (512) 482-9303

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John M. Zukowski State Bar No. 22293400 jmz@zbsplaw.com Pascal Paul Piazza State Bar No. 15966850 ppp@zbsplaw.com ZUKOWSKI, BRESENHAN, SINEX & PETRY, L.L.P. 1177 West Loop South, Suite 1100 Houston, Texas 77027 Telephone: (713) 965-7597 Facsimile: (713) 963-9169

Charles H. Clark State Bar No. 04274000 chc@charlesclarklaw.com THE LAW OFFICES OF CHARLES H. CLARK 604 West Woldert Street Tyler, Texas 75702 Telephone: (903) 593-2514 Facsimile: (903) 595-1294

ATTORNEYS FOR CARRIZO OIL & GAS, INC.

CERTIFICATE OF CONFERENCE I hereby certify that on April 21, 2015, I conferred with Deborah Race,

counsel for Appellee, Barrow-Shaver Resources Company, and she stated that her

client joins in requesting the relief sought by this motion.

/s/ Marcy Hogan Greer Marcy Hogan Greer

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CERTIFICATE OF SERVICE The undersigned certifies that, on April 21, 2015, this Agreed Motion to

Extend Deadline for Selecting Mediator was electronically filed with the Clerk of

Court using the eFile.TXCourts.gov electronic filing system which will send

notification to the following:

Otis Carroll ocarrroll@icklaw.com Collin M. Maloney cmaloney@icklaw.com Deborah Race drace@icklaw.com IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Ste. 500 Tyler, Texas 75703

R. Clay Hoblit choblit@hfdlaw.com HOBLIT FERGUSON DARLING L.L.P. 2000 Frost Bank Plaza 802 North Carancahua Corpus Christi, Texas 78401

Counsel for Plaintiff Barrow-Shaver Resources Company

/s/ Marcy Hogan Greer Marcy Hogan Greer