Kilgore Exploration, Inc. v. Apache Corporation

Opinion

ACCEPTED 01-13-00347-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/9/2015 4:38:27 PM CHRISTOPHER PRINE CLERK

NO. 01-13-00347-CV

FILED IN 1st COURT OF APPEALS IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS FIRST DISTRICT OF TEXAS 3/9/2015 4:38:27 PM CHRISTOPHER A. PRINE Clerk KILGORE EXPLORATION INC., Appellant. v.

APACHE CORPORATION, Appellee.

Appeal From Cause No. 2010-20264 In the 333rd Judicial District Court of Harris County, Texas

APPELLANT’S OPPOSED MOTION TO EXTEND TIME TO FILE MOTION FOR EN BANC RECONSIDERATION

DOYLE, RESTREPO, HARVIN & ROBBINS, L.L.P. Kathleen Cynthia Pickett State Bar No. 15980500 cpickett@drhrlaw.com N. Kimberly Hoesl State Bar No. 24040540 khoesl@drhrlaw.com

440 Louisiana Street, Suite 2300 Houston, Texas 77002 (713) 228-5100 (Tel.) (713) 228-6138 (Fax)

Attorneys for Appellant, Kilgore Exploration Inc.

March 9, 2015 Pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellant Kilgore

Exploration, Inc. (“Kilgore”) files this Opposed Motion to Extend Time to File a

Motion for En Banc Reconsideration, and would respectfully show this Court the

following:

1. This Court issued its judgment in this appeal on February 5, 2015.

2. Kilgore’s deadline to file a motion for rehearing or a motion for en

banc reconsideration was February 20, 2015. See TEX. R. APP. P. 49.7.

3. Under Texas Rule of Appellate Procedure 49.8, Kilgore respectfully

requests an extension of that deadline to March 9, 2015. Kilgore attaches as

Exhibit A its Motion for En Banc Reconsideration to be filed upon the granting of

this motion to extend time.

4. Kilgore requests this extension because counsel was unable to confer

with its client representatives in time to meet the February 20, 2015 deadline

because those representatives are residents of Australia. Simply arranging real-

time communications with that side of the world is logistically difficult because

they are approximately fourteen hours ahead of Houston time, so they were asleep

when counsel was awake and vice versa. In addition, the client representatives

travelled extensively, which made communications that much more difficult to

arrange.

5. This extension is not sought for delay but so that justice may be done.

2 6. This is Kilgore’s first request for an extension of time to file a motion

for en banc reconsideration.

7. As set forth in the Certificate of Conference below, Appellee Apache

Corporation does oppose this motion to extend time.

8. Appellant Kilgore Exploration, Inc. prays that this motion be granted

and that the time for filing a motion for en banc reconsideration be extended to

March 9, 2015, the date Kilgore filed its motion, attached as Exhibit A.

Respectfully submitted,

DOYLE, RESTREPO, HARVIN & ROBBINS, L.L.P.

By:_ /s/ N. Kimberly Hoesl__________ Kathleen Cynthia Pickett State Bar No. 15980500 cpickett@drhrlaw.com

N. Kimberly Hoesl State Bar No. 24040540 khoesl@drhrlaw.com

440 Louisiana St., Suite 2300 Houston, Texas 77002 (713) 228-5100 (telephone) (713) 228-6138 (facsimile)

Attorneys for Appellant Kilgore Exploration, Inc.

3 CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Appellant’s Motion to Extend Time to File Motion for En Banc Reconsideration was delivered to all counsel of record by the method indicated below on March 9, 2015.

Kenneth P. Held SCHIFFER ODOM HICKS AND JOHNSON PLLC 700 Louisiana St., Suite 1200 Houston, Texas 77002 Phone: (713) 357-5150 Facsimile: (713) 357-5160

by X Electronic filing service X Certified Mail, Return Receipt Requested

Christopher Barnes Apache Corporation 2000 Post Oak Blvd., Suite 100 Houston, Texas 77056 Phone: (713) 296-6511 Facsimile: (713) 296-6481

by X Electronic filing service X Certified Mail, Return Receipt Requested

Attorneys for Appellee Apache Corporation

/s/ N. Kimberly Hoesl N. Kimberly Hoesl

4 CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), I hereby certify that this Appellant’s Motion to Extend Time to File Motion for En Banc Reconsideration contains 292 words (excluding the caption, identity of parties and counsel, statement regarding oral argument, table of contents, table of authorities, statement of the case, statement of issues presented, signature, certificates of compliance and service, and appendix). This is a computer-generated document created in Microsoft Word, using 14-point typeface for all text, except for footnotes, which are in 12-point typeface. In making this certificate of compliance, I am relying on the word count provided by the software used to prepare this document.

CERTIFICATE OF CONFERENCE

I hereby certify that on March 9, 2015, I conferred with Kenneth Held, counsel for Appellee Apache Corporation, and he informed me that Appellee opposes the relief sought in this motion.