Lightning Oil Company v. Anadarko E&P Onshore LLC Fka Anadarko E&P Company, LP

Opinion

ACCEPTED 04-14-00903-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/19/2015 3:07:42 PM KEITH HOTTLE CLERK NO. 04-14-00903-CV

IN THE COURT OF APPEALS FILED IN FOURTH DISTRICT OF TEXAS 4th COURT OF APPEALS SAN ANTONIO, TEXAS SAN ANTONIO, TEXAS 2/19/2015 3:07:42 PM KEITH E. HOTTLE Clerk LIGHTNING OIL COMPANY, Appellant

v.

ANADARKO E&P ONSHORE LLC fka ANADARKO E&P COMPANY, LP, Appellee

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

TO THE HONORABLE FOURTH COURT OF APPEALS:

Appellant Lightning Oil Company asks the Court to extend the time

for filing her brief to and including March 2, 2015, and in support of this

motion shows:

Date of Judgment, Number and Style of Case

1. This is an appeal from a final judgment signed on December 8, 2014,

by the Honorable Amado J. Abascal III, 365th Judicial District Court,

Dimmit County, Texas, in Cause No. 14-01-12171-DCVAJA, styled

Lightning Oil Company v. Anadarko E&P Onshore LLC fka Anadarko E&P

2

Company, LP, assigned to the 365th Judicial District Court, Dimmit

County, Texas.

Perfection of Appeal

2. Appellant Lightning Oil Company filed its notice of appeal with

this Court on December 22, 2014.

Record

3. The clerk’s record was filed with this Court on January 8, 2015,

and the reporter’s record was filed with this Court on January 20, 2015.

The supplemental clerk’s record was filed on February 17, 2015.

Current Deadline

4. Appellant’s brief is currently due on February 19, 2014.

Length of Extension Sought

5. Appellant requests an 11-day extension to March 2, 2015.

Facts Reasonably Explaining Need for Extension

The undersigned attorney has the responsibility for preparing

Appellant’s brief. During the last thirty (30) days, the undersigned attorney

has been involved in the following which have hampered his ability to

prepare Appellant’s Brief, as follows:

• Prepare for and attend a two-week jury trial in Val Verde County,

Texas, in cause number 29842, Knighthawk, LLC, Series G v. B&P

Development, LLC and Chad H. Foster, Jr., 83rd Judicial District

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Court, Val Verde County, Texas;

• Prepare for and attend a full-day mediation in Cause No. 2013-CI-

20345; Rocky Creek Partners, LLC v. Swinerton Builders, 407th

Judicial District Court, Bexar County, Texas; and

• Prepare post-judgment motions in cause number 29842,

Knighthawk, LLC, Series G v. B&P Development, LLC and Chad H.

Foster, Jr., 83rd Judicial District Court, Val Verde County, Texas.

6. In addition, the Dimmit County District Clerk inadvertently

omitted the exhibits to Appellant’s trial court motion for summary

judgment and reply to motion for summary judgment as part of the Clerk’s

Record filed with this Court on January 8, 2015. A portion of these exhibits

were filed but have not been made available to Appellant to complete the

record citations in its brief by February 19, 2015. In addition, Appellant’s

reply to motion for summary judgment and its exhibits have not been filed

as of the date of this motion for extension.

First Request for Extension

7. Appellant has neither requested nor received any previous

extensions. This is the first request for an extension of time to file

Appellant’s brief.

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Request for Relief

8. For all these reasons, Appellant Lightning Oil Company

respectfully asks this Court to grant this motion and to extend the date for

filing its brief for a period of 10 days, to March 2, 2015.

Respectfully submitted,

LANGLEY & BANACK, INC.

/s/Bruce K. Spindler BRUCE K. SPINDLER State Bar No. 18947050 Email: bspindler@langleybanack.com JOHN W. PETRY State Bar No. 15854000 Email: jpetry@langleybanack.com STEPHEN J. AHL State Bar No. 24054915 Email: sahl@langleybanack.com ROBINSON C. RAMSEY Bar Card No. 16523700 Email: rramsey@langleybanack.com LANGLEY & BANACK, INC. Trinity Plaza II, Suite 900 745 East Mulberry Avenue San Antonio, Texas 78212 Telephone: (210) 736-6600 Telecopier: (210) 735-6889

ATTORNEYS FOR APPELLANT LIGHTNING OIL COMPANY

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CERTIFICATE OF CONFERENCE

Appellant’s attorney has conferred with Appellee’s counsel, Shayne Moses, who does not oppose this motion.

/s/Stephen J. Ahl STEPHEN J. AHL

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document has been sent by E-service on this 19th day of February, 2015 to:

David Palmer Email: dpalmer@mph-law.com Shayne Moses Email: smoses@mph-law.com Timothy D. Howell Email: thowell@mph-law.com MOSES, PALMER & HOWELL, LLP 309 W. 7th Street, Suite 815 Fort Worth, TX 76102 Telephone: 817.255.9100 Telecopier: 817.255.9199

Donato D. Ramos LAW OFFICES OF DONATO D. RAMOS, LLP 6721 McPherson Road P. O. Box 452009 Laredo, Texas 78045 Email: donatoramosjr@ddrlex.com Telephone: 956.722.9909 Telecopier: 956.727-5884

/s/Bruce K. Spindler BRUCE SPINDLER