Lone Star NGL Product Services LLC, (In Its Own Capacity and as Assignee) v. EagleClaw Midstream Ventures LLC and CR Permian Processing, LLC

Court of Appeals of Texas·Decided February 21, 2025·No. 15-25-00003-CV·Published

Opinion

ACCEPTED 15-25-00003-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 2/21/2025 10:33 AM No. 15-25-00003-CV CHRISTOPHER A. PRINE CLERK

IN THE FIFTEENTH COURT OF APPEALS FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS

LONE STAR NGL PRODUCT SERVICES, LLC2/21/2025 10:33:33 AM CHRISTOPHER A. PRINE (in its own capacity and as assignee), Clerk Plaintiff/Joint Petitioner,

EAGLECLAW MIDSTREAM VENTURES LLC AND CR PERMIAN PROCESSING, LLC, Defendants/Joint Petitioners.

Appeal from the Texas Business Court, 11th Division Trial Court No. 24-BC11A-0004

JOINT MOTION FOR EXTENSION OF TIME TO FILE MERITS BRIEFS

TO THE HONORABLE COURT OF APPEALS:

Defendants/Joint Petitioners, EagleClaw Midstream Ventures LLC and

CR Permian Processing, LLC, and Plaintiff/Joint Petitioner, Lone Star NGL Product

Services, LLC, respectfully file this joint motion for extension of time to file their

respective merits briefs, and would show the Court as follows:

1. On January 23, 2025, this Court granted the parties’ joint petition for

permissive interlocutory appeal pursuant to Texas Civil Practice & Remedies Code

§ 51.014. The Court also granted the request of the parties that each party be allowed

to simultaneously file its own merits brief without the need to file any response or

reply briefs.

2. The present deadline for each party to file its merits brief is

February 24, 2025.

3. The parties jointly seek a short two-week extension, until March 10,

2025, to file their respective merits briefs.

4. This is first request for an extension of time to file the merits briefs.

5. This motion is joint, and therefore, unopposed.

6. The following grounds provide “good cause” for extending the time to

file the merits briefs:

7. This appeal involves a controlling question of law as to which there is

a substantial ground for difference of opinion and which would materially advance

the ultimate termination of this litigation. The question involved is important and

the extension will allow the parties to adequately brief the issues.

8. Additionally, appellate counsel for Defendants/Joint Petitioners,

Parth S. Gejji, has been and continues to be engaged in other litigation with

imminent deadlines that have and will prevent him from completing the brief before

the present deadline detailed as follows:

• Assist in preparation of brief of appellant in No. 14-24-00724-

CV; Houston Livestock Show and Rodeo, Inc. v. Hallmark Financial Services, Inc. d/b/a Hallmark Specialty Insurance Company; in the First Court of Appeals. The brief was filed on January 27, 2025.

• Assist in preparation of brief of appellees in No. 24-20275;

Farmers Texas County Mutual Insurance Company et al. v. 1st Choice Accident and Injury, L.L.C. et al.; in the U.S. Court of Appeals for the Fifth Circuit. The brief was filed on February 7, 2025.

• Assist in preparation of post-trial briefing in No. 17-9002L; In re Downstream Addicks and Barker (Texas) Flood-Control Reservoirs; in the United States Court of Federal Claims. The plaintiffs’ opening post-trial brief was filed on January 31, 2025, and the plaintiffs’ response post-trial brief will filed on February 25, 2025.

• Assist in preparation of brief of appellant in No. 14-24-00786-CV;

Billie Hart et al. v. San Jacinto River Authority; in the Fourteenth Court of Appeals. The brief is due on March 10, 2025.

• Assist in preparation of brief of appellant in No. 09-24-00357-

CV; Lynn Clark, as Representative of the Estate of Willard Radcliffe v. Arnett Eugene Easley; in the Ninth Court of Appeals, Beaumont, Texas. The brief is due March 24, 2025.

9. Additionally, appellate counsel for Plaintiff/Joint Petitioner has been and

continues to be engaged in other litigation with imminent deadlines that have and will

prevent him from completing the brief before the present deadline detailed as follows:

• Preparation of Reply Brief on the Merits in Greystar Development & Construction, LP v. Williams, in the Fifth Court of Appeals, No. 05-23-01168-CV, due February 26, 2025.

• Preparation of Respondent’s Cross Petition for Review in Linde Engineering N. Am. Inc. v. Arrow Field Services, LLC, in the Supreme Court of Texas, No. 25-0089, due April 3, 2025.

• Participation in the preparation of post-trial motions and a hearing on those motions in Capital Veterinary Specialists Jax, LLC et al. v. Pathway Vet Alliance, LLC, Cause No. D-1-GN-23- 000823 in the 353rd District Court of Travis County.

10. This motion is not filed for the purpose of delay, but to allow counsel

for both respective parties adequate time to prepare the respective merits briefs.

For these reasons, Defendants/Joint Petitioners and Plaintiff/Joint Petitioner

respectfully request an extension of time to file their respective merits briefs until

March 10, 2025.

Respectfully submitted,

NORTON ROSE FULBRIGHT BECK REDDEN LLP

By: /s/ Andrew Price (by permission) By: /s/ Parth S. Gejji Andrew Price Fields Alexander State Bar No. 24002791 State Bar No. 00783528 andrew.price@nortonrosefulbright.com falexander@beckredden.com Rafe A. Schaefer Thomas E. Ganucheau State Bar No. 24077700 State Bar No. 00784104 rafe.schaefer@nortonrosefulbright.com tganucheau@beckredden.com Abraham Chang Mary Kate Raffetto State Bar No. 24102827 State Bar No. 24098296 abraham.chang@nortonrosefulbright.com mkraffetto@beckredden.com Timothy Shinn Parth S. Gejji State Bar No. 24125409 State Bar No. 24087575 timothy.shinn@nortonrosefulbright.com pgejji@beckredden.com 1550 Lamar St. Suite 2000 Garrett S. Brawley Houston, Texas 77010 State Bar No. 24095812 (713) 651-5151 gbrawley@beckredden.com Cassie Maneen ALEXANDER DUBOSE & JEFFERSON State Bar No. 24120989 cmaneen@beckredden.com William J. Boyce 1221 McKinney St., Suite 4500 State Bar No. 02760100 Houston, Texas 77010-2010 bboyce@adjtlaw.com (713) 951-3700 1844 Harvard St. Houston, Texas 77008 Attorneys for Defendants/Joint (713) 523-2358 Petitioners EagleClaw Midstream Ventures LLC and CR Permian Attorneys for Plaintiff/Joint Petitioner Processing, LLC Lone Star NGL Product Services LLC

CERTIFICATE OF CONFERENCE

I certify that I conferred with counsel for Plaintiff/Joint Petitioner, Rafe Schaefer, regarding the relief requested in this joint motion, and counsel informed me that Plaintiff/Joint Petitioner agrees to the relief sought in this joint motion.

/s/ Parth S. Gejji Parth S. Gejji

CERTIFICATE OF SERVICE

A true and correct copy of the above and foregoing document was properly forwarded to all counsel of record in accordance with Texas Rules of Appellate Procedure 9.5 by the e-file service provider on February 21, 2025.

/s/ Parth S. Gejji Parth S. Gejji

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Laura Crain on behalf of Parth Gejji Bar No. 24087575 lcrain@beckredden.com Envelope ID: 97642455 Filing Code Description: Motion Filing Description: Joint Motion for Extension of Time to File Merits Briefs Status as of 2/21/2025 10:47 AM CST

Associated Case Party: Lone Star NGL Product Services, LLC

Name BarNumber Email TimestampSubmitted Status

Rafe Schaefer 24077700 rafe.schaefer@nortonrosefulbright.com 2/21/2025 10:33:33 AM SENT

Abraham Chang 24102827 abraham.chang@nortonrosefulbright.com 2/21/2025 10:33:33 AM SENT

William Boyce 2760100 bboyce@adjtlaw.com 2/21/2025 10:33:33 AM SENT

Timothy Shinn 24125409 Timothy.shinn@nortonrosefulbright.com 2/21/2025 10:33:33 AM SENT

Andrew Price andrew.price@nortonrosefulbright.com 2/21/2025 10:33:33 AM SENT

Associated Case Party: EagleClaw Midstream Ventures LLC

Name BarNumber Email TimestampSubmitted Status

Fields Alexander falexander@beckredden.com 2/21/2025 10:33:33 AM SENT

Parth S.Gejji pgejji@beckredden.com 2/21/2025 10:33:33 AM SENT

Mary Raffetto mkraffetto@beckredden.com 2/21/2025 10:33:33 AM SENT

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