Strata BV SWD, LLC, BVCITI, LP BVCITI GP, LLC BV Partners, LP BV Partners GP, LLC Thomas a Leiser Pryor Blackwell And Charles A. Anderson v. Marathon Oil Company

Opinion

DISMISS and Opinion Filed December 30, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00799-CV

STRATA BV SWD, LLC, BVCITI, LP; BVCITI GP, LLC; BV PARTNERS, LP; BV PARTNERS GP, LLC; THOMAS A LEISER; PRYOR BLACKWELL; AND CHARLES A. ANDERSON, Appellants

V.

MARATHON OIL COMPANY, Appellee

On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-14153

MEMORANDUM OPINION Before Justices Bridges, Whitehill, and Nowell Opinion by Justice Bridges The brief in this accelerated appeal has not been filed because the parties have been

attempting to settle their dispute. The parties were scheduled to mediate on October 14, 2019.

Based on the date of mediation, we ordered appellants to file either their opening brief or a motion

to dismiss no later than November 4, 2019. On November 15, 2019, when appellants had not

complied, we ordered them to file the opening brief or motion to dismiss no later than November

25, 2019. Our November 15th order cautioned appellants that failure to comply could result in

dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c). To date, appellants have failed to comply and have not otherwise communicated with the Court.

Accordingly, we dismiss the appeal. See id. 38.8(a)(1), 42.3(b),(c).

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

190799F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

STRATA BV SWD, LLC, BVCITI, LP; On Appeal from the 193rd Judicial District BVCITI GP, LLC; BV PARTNERS, LP; Court, Dallas County, Texas BV PARTNERS GP, LLC; THOMAS A Trial Court Cause No. DC-17-14153. LEISER; PRYOR BLACKWELL; AND Opinion delivered by Justice Bridges, CHARLES A. ANDERSON, Appellants Justices Whitehill and Nowell participating.

No. 05-19-00799-CV V.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Marathon Oil Company recover its costs, if any, of this appeal from appellants Strata BV SWD, LLC, BVCITI, LP; BVCITI GP, LLC; BV Partners, LP; BV Partners GP, LLC; Thomas A Leiser; Pryor Blackwell; and Charles A. Anderson.

Judgment entered December 30, 2019.

–3–