Charles Alford and Mary Lou Alford v. Robert Thomas McKeithen, EOG Resources, Inc. and Central Texas Land Services

Opinion

ACCEPTED 12-14-00262-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 5/6/2015 2:06:21 PM CATHY LUSK CLERK

No. 12-14-00262-CV FILED IN in the 12th COURT OF APPEALS Twelfth Court of Appeals TYLER, TEXAS 5/6/2015 2:06:21 PM Tyler, Texas CATHY S. LUSK Clerk Charles and Mary Lou Alford,

Appellants,

v.

Robert Thomas McKeithen; EOG Resources, Inc.;

and Central Texas Land Services,

Appellees.

EOG’s Motion for Extension

Appellee EOG Resources, Inc. respectfully asks the Court to extend the due date of its appellee’s brief by 30 days, to June 25, 2015.1

I. RULE 10.5 INFORMATION

1. Deadline for filing appellee’s brief:

May 26, 2015 (Appellant’s brief was filed on April 24, 2015).

2. Length of extension sought:

Thirty days, so that the new deadline would be June 25, 2015.

1 References to EOG include Central Texas Land Services, which is also an appellee.

Eog Resources’ Mtn. for Extension 1/4 3. Facts relied on to reasonably explain the need for extension: Four considerations warrant an extension.

First, EOG’s counsel has a special-exceptions hearing on May 15 in B.D.

Resources, Inc. v. Ellora Energy, Inc., No. 14CV32892 in the 123rd/273rd Dis-

trict Court of Shelby County, Texas.

Second, EOG’s counsel has multiple discovery responses due on May 11

in Goodwin v. XTO Energy Inc., No. CV-13-9496 in the District Court of San Augustine County, Texas.

Third, EOG’s counsel has a joint pretrial order due May 18 in White Rock

Expl., Inc. v. Palestine Water Well Service, Inc., No. 14-0596-B in the 114th District Court of Smith County, Texas. EOG’s counsel has a pretrial conference

in that case on May 29, and trial starts on June 8.

Fourth, EOG’s counsel has a summary-judgment hearing on May 26 in

Circulation Solutions v. R.A.M.P. Chemicals, No. 2015CVF000571 D3 in the

341st District Court of Webb County, Texas.

EOG wants to submit a brief worthy of this Court’s time and its own cause. These four issues endanger that desire.

4. Number of previous extensions:

None.

II. CERTIFICATE OF CONFERENCE EOG has conferred with the Alfords’ counsel and with McKeithen’s

counsel, and neither opposes this motion.

III. CONCLUSION This is EOG’s first request for an extension. The extension is not sought

merely for delay. The four above considerations warrant the extension. Ac-

cordingly, EOG respectfully asks the Court to grant the 30-day extension, so

that EOG’s brief will be due on June 25, 2015, in accordance with Tex. R.

App. P. 10.5(b)(1) & 38.6(d).

Respectfully submitted,

Freeman Mills PC 110 N. College, Ste. 1400 Tyler, Texas 75702 903.592.7755 phone 903.592.7787 fax www.freemanmillspc.com

By:

Jason R. Mills Bar No. 24041494 eservicejrm@freemanmillspc.com Graham K. Simms Bar No. 24060610 gimms@freemanmillspc.com Joshua C. Ashley Bar No. 24078161 jashley@freemanmillspc.com

CERTIFICATE OF SERVICE I certify that a true and correct copy of this document was served on all

counsel of record on May 6, 2015 in accordance with the Texas Rules of Ap-

pellate Procedure.

Jason R. Mills