Wayne E. Freeman Freeman Resources, Ltd. FRM GP, LLC Frank M. Bufkin, III Buffco Production, Inc. Twin Resources, LLC, and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

Opinion

ACCEPTED

06-16-00034-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS 7/5/2016 12:37:41 PM

DEBBIE AUTREY

CLERK

No. 06-16-00034-CV

FILED IN

6th COURT OF APPEALS

TEXARKANA, TEXAS

IN THE SIXTH COURT A OF PPEALS 7/5/2016 12:37:41 PM

AT TEXARKANA, T EXAS DEBBIE AUTREY Clerk

WAYNE E. FREEMAN, FREEMAN RESOURCES, LTD., FRM GP, LLC, FRANK M.

BUFKIN, III, BUFFCO PRODUCTION, INC., TWIN RESOURCES, LLC, AND CHESAPEAKE LOUISIANA, L.P., Appellants,

v.

HARLETON OIL & GAS, INC., Appellee.

On Appeal from the 71st District Court, Harrison County, Texas Trial Court Cause No. 12-0517 The Honorable Brad Morin, Presiding

UNOPPOSED MOTION TO EXTEND TIME TO FILE BRIEF OF CROSS-APPELLANT CHESAPEAKE LOUISIANA, L.P.

TO THE HONORABLE COURT OF APPEALS:

Cross-Appellant and Appellee Chesapeake Louisiana, L.P. (“Chesapeake”)

files this Unopposed Motion to Extend Time to File Appellant’s Brief pursuant to

Texas Rules of Appellate Procedure 38.6(d) and 10.5(b).

1. Presently, Chesapeake’s Brief is due on July 11, 2016.

2. Through this Unopposed Motion, Chesapeake seeks an extension of

2

thirty (30) days to file its Brief. Should the Court grant this Motion, the new

deadline will be August 10, 2016.

3. This is Chesapeake’s first request for an extension of time.

Previously, this Court granted extensions of time for Appellants Wayne E.

Freeman, Freeman Resources, Ltd., FRM GP, LLC, Frank M. Bufkin, III, Buffco

Production, Inc., Twin Resources, LLC such that their briefs are due on August 10,

2016.

4. Brian K. Tully, an attorney for Chesapeake, assisted with a month-

long bench trial (starting May 16, 2016) in Cause No. 2014-02648, Spitzer

Industries, Inc. v. Weatherford U.S., L.P., in the 80th District Court, Harris County,

Texas.

5. Jesse R. Pierce, lead counsel for Chesapeake, and Mr. Tully were

involved in an arbitration that settled on June 26, 2016, one day before the

scheduled Final Evidentiary Hearing (which was expected to last two to three

days), and are still involved in the finalization of the settlement agreement and

related contract amendments.

6. Additionally, counsel for Chesapeake recently discovered an issue

with the Clerk’s Record which may require correction. In the trial court,

Chesapeake was instructed to file the exhibits supporting its summary judgment

filings on a CD rather than through e-filing. CR628, 1602. The index to the

3

Clerk’s Record indicates that these CDs were “sent to appeal court by mail.” CR3,

4. An inquiry to the appellate clerk, however, indicated that it had not received

any CDs as part of the Clerk’s Record in this matter. Further, the deputy clerk that

prepared the Clerk’s Record in this matter is presently on vacation. As a result, it

is not clear at this time what action counsel for Chesapeake must take to complete

the Clerk’s Record. Whether Chesapeake must request that the trial court clerk

supplement the Clerk’s Record or Chesapeake must prepare an agreed supplement

to the Clerk’s Record for review by the other parties, the requested extension of

time will allow the Clerk’s Record to be proper and complete for this Court’s

review.

7. This Motion is made in the interest of justice and not for purposes of

delay.

8. As reflected in the Certificate of Conference below, Appellee

Harleton Oil & Gas, Inc. does not oppose the requested extension.

WHEREFORE, PREMISES CONSIDERED, Cross-Appellant and Appellee

Chesapeake Louisiana, L.P. prays that the Court grant this Unopposed Motion to

Extend Time to File Appellant’s Brief and extend the time for doing so to and

including August 10, 2016.

4

Respectfully submitted,

By:

Jesse R. Pierce State Bar No. 15995400 (713) 634-3636 Direct jpierce@pierceoneill.com

Brian K. Tully State Bar No. 24039217 (713) 634-3608 Direct btully@pierceoneill.com

PIERCE & O’NEILL, LLP 4203 Montrose Boulevard Houston, Texas 77006 (713) 634-3600 Main (713) 634-3601 Fax

Collin Maloney State Bar No. 00794219 IRELAND, CARROLL & KELLEY, P.C. 6101 South Broadway, Suite 500 Tyler, Texas 75703 (903) 561-1600 Main (903) 581-1071 Fax cmaloney@icklaw.com

Counsel for Chesapeake Louisiana, L.P.

CERTIFICATE OF CONFERENCE

I certify that on June 30, 2016, I spoke with Mr. Greg Smith, an attorney for Appellee Harleton Oil & Gas, Inc. regarding the foregoing motion. Mr. Smith indicated that he was not opposed to the extension of time requested by Chesapeake.

Brian K. Tully

5

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing document was served by electronic service upon all counsel of record on July 5, 2016.

Troy Hornsby troy.hornsby@gmail.com MILLER, JAMES, MILLER & HORNSBY, L.L.P. 1725 Galleria Oaks Drive Texarkana, Texas 75503 Telephone: (903) 794-2711 Facsimile: (903) 792-1276

Richard S. Krumholz richard.krumholz@nortonrosefulbright.com Barton Wayne Cox beau.cox@nortonrosefulbright.com Nicholas Hendrix nick.hendrix@nortonrosefulbright.com NORTON ROSE FULBRIGHT US, LLP 2200 Ross Avenue, Suite 3600 Dallas, Texas 75201 Telephone: (214) 855-8000 Facsimile: (214) 855-8200 Counsel for Appellants Freeman Resources, Ltd., FRM GP, LLC and Wayne E. Freeman

Gene F. Creely, II gcreely@creelylaw.com CREELY LAW FIRM PLLC 620 West Alabama Street Houston, Texas 77006 Telephone: (713) 400-8300 Facsimile: (713) 400-8299

6

John R. Mercy jmercy@texarkanalawyer.com MERCY CARTER TIDWELL, L.L.P. 1724 Galleria Oaks Drive Texarkana, Texas 75503 Telephone: (903) 794-9419 Facsimile: (903) 794-1268

John H. Boswell john@johnboswelllaw.com BOSWELL & HALLMARK, PC 908 Town & Country Blvd., Suite 200 Houston, Texas 77024 Telephone: (713) 650-1600 Facsimile: (832) 356-2412 Counsel for Appellants Frank M. Bufkin, III, Buffco Production, Inc., and Twin Resources, LLC

Greg Smith gregs@rameyflock.com Nolan Smith State Bar No. 24075632 nolans@rameyflock.com RAMEY & FLOCK, P.C. 100 E. Ferguson, Suite 500 Tyler, Texas 75702 Telephone: (903) 597-3301 Facsimile: (903) 597-2413

Brent Howard bhoward@hdbtyler.com Howard & Davis, P.C. 100 E. Ferguson, Suite 1200 Tyler, Texas 75702 Telephone: (903) 533-9997 Facsimile: (903) 533-0260 Counsel for Appellee Harleton Oil & Gas, Inc.

Jesse R. Pierce