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

Opinion

ACCEPTED 12-15-00083-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 11/20/2015 8:45:31 AM Pam Estes CLERK

No. 12-15-00083

FILED IN 12th COURT OF APPEALS In the Twelfth District Court of Appeals TYLER, TEXAS Tyler, Texas 11/20/2015 8:45:31 AM 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 THIRD MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

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

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

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

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

The reasons for this request are as follows:

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. In reviewing the

Reporter’s Record, the undersigned noted that the questions and answers contained

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in at least five excerpts from videotaped depositions that were played to the jury at

trial were not included in the Reporter’s Record, although the parties agree that the

portions of those depositions designated by Plaintiff were in fact presented to the

jury by video.

In addition, the Clerk’s Record contains 15 volumes of papers, and there are

several items that need to be corrected and supplemented in the Clerk’s Record.

Carrizo has been working with opposing counsel to prepare a stipulation and

excerpts of the written depositions that match the videos in order to complete the

Reporter’s Record. That process has taken some time due to the parties’ desire and

efforts to be accurate and precise about the video clips.

Carrizo is also filing a Request to Supplement the Clerk’s Record. Carrizo

respectfully submits that it would be beneficial to the Court and counsel to have a

complete and accurate appellate record to cite in Carrizo’s opening brief before that

brief is filed. The undersigned also wants to ensure that the clerk and court reporter

have sufficient time to supplement their respective records, taking into account the

intervening holidays.

This extension is not sought for the purposes of delay. Two prior unopposed

extensions have been granted for this deadline.

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

of time is Unopposed.

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

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

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

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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 APPELLANT CARRIZO OIL & GAS, INC.

CERTIFICATE OF CONFERENCE I certify that on November 19, 2015, I conferred with Deborah Race, counsel

for Plaintiff-Appellee 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

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CERTIFICATE OF SERVICE On November 20, 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 R. Clay Hoblit ocarroll@icklaw.com choblit@hfdlaw.com Deborah Race HOBLIT FERGUSON DARLING L.L.P. drace@icklaw.com 2000 Frost Bank Plaza Collin M. Maloney 802 Carancahua emaloney@icklaw.com Corpus Christi, Texas 78401 IRELAND, CARROLL & KELLEY, P.C. Telephone: (361) 888-9392 6101 S. Broadway, Suite 500 Facsimile: (361) 888-9187 Tyler, Texas 75703 Telephone: (903) 561-1600 Facsimile: (903) 561-1071

Counsel for Appellee Barrow-Shaver Resources Company

/s/ Marcy Hogan Greer Marcy Hogan Greer