Romeo Longoria v. Exxon Mobil Corporation

Opinion

ACCEPTED 04-15-00536-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/20/2015 3:35:20 PM KEITH HOTTLE CLERK

04-15-00536-CV FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS In the Court of Appeals for the Fourth Judicial10/20/2015 District3:35:20 PM at San Antonio, Texas KEITH E. HOTTLE Clerk ________________________

ROMERO LONGORIA, ET AL,

Appellants,

v.

EXXON MOBIL CORPORATOIN, ET AL

Appellees, ___________________

FROM THE 79TH DISTRICT COURT OF BROOKS COUNTY, TEXAS, THE HONORABLE RICHARD C. TERRELL, PRESIDING

APPELLANTS’ FIRST MOTION FOR EXTENSION OF TIME TO FILE BRIEF __________________________________________

TO THE HONORABLE JUSTICES OF THE FOURTH COURT OF APPEALS:

Appellants Romeo Longoria, et al, files their motion to request that the time for filing

their Brief be extended by 30 days to November 23rd (the 21st being a Saturday), 2015, and

as reasonable explanation for the extension, shows the following:

1. This appeal was perfected by the filing of a Notice of Appeal. The original record

was filed on September 22, 2015, making Appellants’ brief due October 22, 2015. 2. The undersigned attorney is solely responsible for the preparation of Appellants’

Brief.

3. This extension is not sought for purposes of delay. To the contrary, the inability

to file Appellants’ Brief by the due date was not deliberate or intentional, but was caused by

the following:

(1) A delay in getting the clerk’s record, which was not corrected and filed until October 14, 2015 and which Appellants’ counsel has yet to receive;

(2) Preparation for oral argument in Cause No. 14-0901; Union Pacific Railroad v. Nami at the Supreme Court of Texas scheduled for November 3, 2015;

(3) Preparation for Mediation in Cause No. 13-15-00310-CV ;Service Supply of Victoria, Inc. v. All Seasons HAC; In the Thirteenth Court of Appeals, Scheduled for October 26, 2015.

Certificate of Conference

4. There has been no previous request for extension. Counsel for Appellants did not

attempt to reach out to the numerous counsel in this case for a conference, but ask that they

let the undersigned or the Court know if they are opposed to this first extension.

WHEREFORE, Appellants request the Court to extend the time for filing their brief

to November 23, 2015, and for such other relief to which they may be entitled.

Respectfully submitted,

/s/ Cynthia T. Sheppard CYNTHIA T. SHEPPARD Attorney at Law State Bar No. 20245500 P.O. Box 67 Cuero, Texas 77954 Tele. (361) 277-8539 Fax (361) 277-8571

ATTORNEY FOR APPELLANTS

CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of Appellants’ First Motion for Extension to File Brief was forwarded to all parties to the trial court’s judgment by e-filing service or email on this the 20th day of October, 2015, as follows:

/s/ Cynthia T. Sheppard ________________________________ Cynthia T. Sheppard

Darrell Barger dbarger@hdbdlaw.com

J. Reid Simpson rsimpson@hdbdlaw.com

J. Derrick Price dprice@mcginnislaw.com

Patton Lockridge plockridge@mcginnislaw.com

Claude Henkel III paula@cmhenkel.com

Robert Luther bluther@lutherlaw.com

William Wood william.wood@nortonrosefulbright.com

Lauren Varnado lauren.varnado@nortonrosefulbright.com

John Nelson jnelson@locklord.com

Edmundo Ramirez eor@ekrattorneys.com

Daniel McClure dan.mcclure@nortonrosefulbright.com

Erin Hudson ehudson@atlashall.com Michael Rodriguez mrodreguez@atlashall.com

Rebecca Cole rebecca.cole@nortonrosefulbright.com

Jordan Mullins jmullins@mcginnislaw.com

Travis Barton tbarton@mcginnislaw.com