Unocal Pipeline Company v. BP Pipelines (Alaska) Inc., Conoco Phillips Transportation Alaska, Inc., and ExxonMobil Pipeline Co.

Opinion

ACCEPTED 01-15-00266-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 8/11/2015 2:31:25 PM CHRISTOPHER PRINE CLERK

NO. 01-15-00266-CV FILED IN 1st COURT OF APPEALS

In The First Court of Appeals HOUSTON, TEXAS 8/11/2015 2:31:25 PM CHRISTOPHER A. PRINE Clerk

UNOCAL PIPELINE COMPANY, Appellant, v.

BP PIPELINES (ALASKA) INC., ET AL. Appellees.

On Appeal from the 165th District Court of Harris County, Texas Hon. Elizabeth Ray, Presiding

UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEES

TO THE HONORABLE FIRST COURT OF APPEALS:

Pursuant to TEX. R. APP. P. 38.6(d), Appellees BP Pipelines (Alaska)

Inc.; ConocoPhillips Transportation Alaska, Inc.; and ExxonMobil Pipeline

Co. (“Appellees”) ask this Court to extend by 30 days the time for filing

their Response Brief. The new deadline would be September 18, 2015. This

motion is their first request and it is not opposed.

HOU 1803831 1. Background: The Appellant filed its initial brief on July 20,

2015, after one extension of time. Accordingly, Appellees’ response brief is

presently due on August 19, 2015.

2. Grounds for the extension:

Michael Powell has taken primary responsibility for drafting the

Appellees’ brief. Although Mr. Powell and his team have begun work on

the response brief, Mr. Powell had surgery on July 27 that required time

and additional care during the time allocated for the briefing in this case.

Other pending cases have also required his attention, including:

July 31 Commissioner of the General Land Office v. SandRidge Energy, Inc., et al., No. 15-0246 in the Supreme Court of Texas—filed two Responses to Petitions for Review

ongoing Texas Crude Energy, LLC v. Burlington Resources Oil & Gas Co., LP, No. L-13-0061-CV-B, in the 156th District Court—motions for summary judgment, mediation, depositions, and jury charge

ongoing Smith v. SEECO, et al., No. 4:14-cv-435-BRW in the United States District Court for the Eastern District of Arkansas— depositions, hearings, and preparation for class certification hearing

3. This motion is unopposed.

HOU 1803831 PRAYER

Appellees pray that this Motion be granted and that the time for

filing their Response Brief be extended by 30 days to September 18, 2015.

Respectfully submitted, LOCKE LORD LLP

By: /s/ Michael Powell (by permission) Michael V. Powell State Bar No. 16204400 2200 Ross Ave., Suite 2200 Dallas, TX 75201 Telephone: (214) 740-8000 Facsimile: (214) 756-8520

Christopher Dove State Bar No. 24032138 LOCKE LORD LLP 600 Travis Street, Suite 2800 Houston, Texas 77002 Telephone: (713) 226-1200 Facsimile: (713) 223-3717

ATTORNEYS FOR APPELLEES

HOU 1803831 CERTIFICATE OF CONFERENCE

I have conferred with opposing counsel, and opposing counsel is unopposed to this motion.

/s/ Michael Powell (by permission) Michael Powell

CERTIFICATE OF SERVICE

I hereby certify that on August 11, 2015, a true and correct copy of the foregoing was served on the following counsel of record via electronic service through electronic filing:

Mark A. Giugliano mgiugliano@gibbsbruns.com Anthony N. Kaim akaim@gibbsbruns.com J. Benjamin Bireley bbireley@gibbsbruns.com GIBBS & BRUNS, LLP 1100 Louisiana, Suite 5300 Houston, TX 77002

Attorneys for Appellant Unocal Pipeline Company

/s/ Christopher Dove Christopher Dove

HOU 1803831