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

Opinion

ACCEPTED 12-15-00083-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 9/1/2015 4:43:20 PM CATHY LUSK CLERK

No. 12-15-00083

FILED IN 12th COURT OF APPEALS In the Twelfth District Court of Appeals TYLER, TEXAS Tyler, Texas 9/1/2015 4:43:20 PM PAM ESTES 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

APPELLANT’S UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

Appellant Carrizo Oil & Gas, Inc. (“Carrizo”) respectfully files this

Unopposed First Motion for Extension of Time to File Appellant’s Brief. The

current deadline for filing Appellant’s Brief is September 23, 2015. Appellant

requests a 30-day extension of time for a new deadline of October 23, 2015.

The reasons for this request are as follows:

1. The reporter’s record in this case was filed on August 24, 2015, and it

contains 36 volumes of transcripts and exhibits from a two-week jury trial. Counsel

2

needs additional time to review this voluminous record to prepare the opening brief

for Carrizo.

2. In addition, the undersigned has several other briefing deadlines and

hearings that impact her ability to prepare the brief in this case, including an

accelerated, class-action appeal in Texas Law Shield LLP, et al. v. Crowley, No.

14-15-00705-CV, in the Fourteenth Court of Appeals at Houston, Texas, where the

appellants’ opening brief will be due September 22, 2015.

3. Counsel also will be attending and presenting argument at a discovery

hearing and a status conference in a multi-district litigation, styled In re New

England Compounding Pharmacy, Inc. Products Liability Litigation, MDL No.

13-2419, in the United States District Court District of Massachusetts. Both hearings

will be in Boston on September 9, 2015.

This extension is not sought for the purposes of delay. No prior extension has

been granted for this deadline.

As set forth in the Certificate of Conference below, this motion for extension

of time is Unopposed.

For these reasons, Appellant requests that the Unopposed First Motion for

Extension of Time be extended 30 days to October 23, 2015.

3

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 78701-3562 Telephone: (512) 482-9300 Facsimile: (512) 482-9303

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) 9639169

ATTORNEYS FOR APPELLANT CARRIZO OIL & GAS, INC.

CERTIFICATE OF CONFERENCE I certify that on August 26, 2015, I conferred with Deborah Race, counsel for

Barrow-Shaver Oil & Gas Resources Company, and she stated that her client does

not oppose the relief sought in this motion for extension of time.

/s/ Marcy Hogan Greer Marcy Hogan Greer

4

CERTIFICATE OF SERVICE On September 1, 2015, I electronically filed this motion with the Clerk of the

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

notification of such filing to the following (unless otherwise noted below).

Otis Carroll ocarroll@icklaw.com Deborah Race drace@icklaw.com Collin M. Maloney emaloney@icklaw.com IRELAND, CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Telephone: (903) 561-1600 Facsimile: (903) 561-1071

R. Clay Hoblit choblit@hfdlaw.com HOBLIT FERGUSON DARLING L.L.P. 2000 Frost Bank Plaza 802 Carancahua Corpus Christi, Texas 78401 Telephone: (361) 888-9392 Facsimile: (361) 888-9187

Counsel for Appellee Barrow-Shaver Resources Company

/s/ Marcy Hogan Greer Marcy Hogan Greer