Endeavor Energy Resources, L.P. and Endeavor Petroleum, Llc v. Discovery Operating, Inc. and Patriot Royalty and Land, Llc

Opinion

FILED 15-0155 8/27/2015 2:31:27 PM tex-6683939 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK

No. 15-0155

IN THE SUPREME COURT OF TEXAS

ENDEAVOR ENERGY RESOURCES, L.P. AND ENDEAVOR PETROLEUM,

Petitioners, v.

DISCOVERY OPERATING, INC. AND PATRIOT ROYALTY AND LAND, LLC

Respondents

On Petition for Review from the Eleventh Court of Appeals at Eastland

UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW

TO THE HONORABLE SUPREME COURT OF TEXAS:

Discovery Operating, Inc., Patriot Royalty and Land, LLC, Stanley D. Elrod,

Karen M. Thomas, Jon David Elrod, Janice K. Gaither and Joseph Elrod, and

Rebecca J. Williams, Norvela Ann Schafer and Jackie Lue Wells, Trustees of the

Mildred Haggard Irrevocable Grantor Trust (collectively “Respondents”) file this

motion and respectfully request an additional twenty-one days to file their responses

to the petition for review for the following reasons:

UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 1 1. Petitioners filed their petition for review on May 1, 2015.

2. The Court requested Respondents to file a response by August 3, 2015.

3. A thirty-day extension for Respondents to file their responses was

granted creating a new deadline of September 2, 2015.

4. A twenty-one day extension for Respondents to file their response would

create a new deadline of September 23, 2015.

5. Respondents seek this extension of time not for purposes of delay but

rather so that justice may be done and a helpful response may be prepared for the

Court.

6. Respondents’ counsel have conflicts that necessitate additional time to

prepare responses to the petition for review in this case.

For example, Ryan Clinton is presently involved in additional litigation

including:

• JSA Properties Ltd. v. SandRidge Energy, Inc., No. P-11681-112-CV in the 112th District Court of Pecos County;

• Tamra Hissom Budd, et al v. Energen Resources Corporation., No. 15- 02-825, in the 143rd District Court of Loving County;

• GKM Mineral Partnership, LP v. SandRidge Energy, Inc., No. 3,123 in the 83rd District Court of Terrell County, Texas;

• West Texas National Bank v. FEC Holdings, No. CV48334, in the 385th District Court of Midland County;

• Brennand Lazy H Ranch Ltd. v. Energen Resources Corporation, No. 16,452, in the 32nd District Court of Mitchell County;

UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 2 • Mercury-Ward LLC v. Anadarko Petroleum Corporation, No. 08-15- 00168-CV, in the El Paso Court of Appeals;

• Chesapeake Exploration, L.L.C. v. BMT O&G TX, L.P., No. 08-14- 00133-CV, in the El Paso Court of Appeals; and

• Texas State Bd. of Veterinary Medical Examiners v. Jefferson, No. 03- 14-00774-CV, in the Austin Court of Appeals.

Drew Mouton is presently involved in additional litigation including:

• Boone v. Greyhound Lines, Cause No. 48979 in Howard County District Court.

Rick Strange is presently involved in additional litigation including:

• Yancheng Ruide Petrochemical Machinery v. McClinton Energy Group; Cause No. B-137,481; 161st Judicial District Court Ector County.

• Peregrine Pipeline Co. v. XTO Energy; Cause No. 71 198 00181 13; American Arbitration Association Dispute Resolution.

7. This request is unopposed.

8. Petitioners sought and received two extensions of time to file their

petition for review.

Accordingly, Respondents request a 21-day extension of time to file their

responses to the petition for review, setting a new deadline of September 23, 2015.

UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 3 Respectfully submitted,

By: /s/ Ryan Clinton RYAN CLINTON State Bar No. 24027934 rdclinton@dgclaw.com Davis, Gerald & Cremer, P.C. 111 Congress Ave., Suite 1660 Austin, Texas 78701 Ph: (512) 537-9938

JOHN A. “JAD” DAVIS State Bar No. 05511400 jadavis@dgclaw.com JILL C. PENNINGTON State Bar No. 24007825 jcpennington@dgclaw.com Davis, Gerald & Cremer P.C. 400 W. Illinois, Suite1400 Midland, Texas 79702 Ph: (432) 687-0011 Fax: (432) 687-1735

ATTORNEYS FOR RESPONDENT DISCOVERY OPERATING, INC.

UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 4 By: /s/ Rick Strange RICK STRANGE State Bar No.19356700 rstrange@cbtd.com JOSEPH A. BAKER State Bar No. 24058547 jbaker@cbtd.com Cotton, Bledsoe, Tighe & Dawson P. O. Box 2776 Midland, Texas 79702 Ph: (432) 684-5782 Fax: (432) 682-2672

ATTORNEYS FOR RESPONDENT PATRIOT ROYALTY AND LAND, LLC

By: /s/ Drew Mouton DREW MOUTON State Bar No. 14606400 dmouton@moutonlaw.com Mouton & Mouton P. O. Box 1030 Big Spring, Texas 79721-1030 Ph: (432) 263-7676 Fax: (432) 263-8686

ATTORNEY FOR RESPONDENTS STANLEY D. ELROD, KAREN M. THOMAS, JON DAVID ELROD, JANICE K. GAITHER AND JOSEPH ELROD

UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 5 By: /s/ John T. Ferguson JOHN T. FERGUSON State Bar No. 06918000 weaverferg@yahoo.com Weaver & Ferguson, P.C. P. O. Drawer 1750 Big Spring, Texas 79721-1750 Ph: (432) 267-8203 Fax: (432) 267-8203

ATTORNEY FOR RESPONDENTS REBECCA J. WILLIAMS, NORVELA ANN SCHAFER AND JACKIE LUE WELLS, TRUSTEES OF THE MILDRED HAGGARD IRREVOCABLE GRANTOR TRUST

CERTIFICATE OF CONFERENCE

I certify that I contacted counsel for Petitioners, who informed me that Petitioners do not oppose this motion.

/s/ Ryan Clinton Ryan Clinton

CERTIFICATE OF COMPLIANCE

I certify that this motion was prepared in 14-point font.

UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 6 CERTIFICATE OF SERVICE

I hereby that on August 27, 2015, a true and correct copy of this motion was served on the following counsel as follows:

VIA EFSP VIA EFSP Scott A. Brister Rick G. Strange Andrews Kurth LLP Joseph Andrew Baker 111 Congress, Suite 1700 Cotton Bledsoe Tighe & Dawson, P.C. Austin, Texas 78701 500 W. Illinois, Suite 300 Midland, Texas 79701 VIA EFSP David M. Gunn VIA EFSP Erin H. Huber Drew Mouton Beck Redden LLP Mouton & Mouton 1221 McKinney, Suite 4500 P. O. Box 1030 Houston, TX 77010 Big Spring, Texas 79721-1030

VIA EFSP VIA EFSP Joe E. Lea John Ferguson J. Derrick Price Weaver & Ferguson, P.C. McGinnis, Lochridge & P. O. Drawer 1750 Kilgore, L.L.P. Big Spring, TX 79721-1750 600 Congress, Suite 2100 Austin, Texas 78701

UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 7