ACCEPTED
01-13-00347-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
3/9/2015 4:38:27 PM
CHRISTOPHER PRINE
CLERK
NO. 01-13-00347-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS FOR THE HOUSTON, TEXAS
FIRST DISTRICT OF TEXAS 3/9/2015 4:38:27 PM
CHRISTOPHER A. PRINE
Clerk
KILGORE EXPLORATION INC.,
Appellant.
v.
APACHE CORPORATION,
Appellee.
Appeal From Cause No. 2010-20264
In the 333rd Judicial District Court of Harris County, Texas
APPELLANT’S OPPOSED MOTION TO EXTEND TIME
TO FILE MOTION FOR EN BANC RECONSIDERATION
DOYLE, RESTREPO, HARVIN
& ROBBINS, L.L.P.
Kathleen Cynthia Pickett
State Bar No. 15980500
cpickett@drhrlaw.com
N. Kimberly Hoesl
State Bar No. 24040540
khoesl@drhrlaw.com
440 Louisiana Street, Suite 2300
Houston, Texas 77002
(713) 228-5100 (Tel.)
(713) 228-6138 (Fax)
Attorneys for Appellant,
Kilgore Exploration Inc.
March 9, 2015
Pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellant Kilgore
Exploration, Inc. (“Kilgore”) files this Opposed Motion to Extend Time to File a
Motion for En Banc Reconsideration, and would respectfully show this Court the
following:
1. This Court issued its judgment in this appeal on February 5, 2015.
2. Kilgore’s deadline to file a motion for rehearing or a motion for en
banc reconsideration was February 20, 2015. See TEX. R. APP. P. 49.7.
3. Under Texas Rule of Appellate Procedure 49.8, Kilgore respectfully
requests an extension of that deadline to March 9, 2015. Kilgore attaches as
Exhibit A its Motion for En Banc Reconsideration to be filed upon the granting of
this motion to extend time.
4. Kilgore requests this extension because counsel was unable to confer
with its client representatives in time to meet the February 20, 2015 deadline
because those representatives are residents of Australia. Simply arranging real-
time communications with that side of the world is logistically difficult because
they are approximately fourteen hours ahead of Houston time, so they were asleep
when counsel was awake and vice versa. In addition, the client representatives
travelled extensively, which made communications that much more difficult to
arrange.
5. This extension is not sought for delay but so that justice may be done.
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6. This is Kilgore’s first request for an extension of time to file a motion
for en banc reconsideration.
7. As set forth in the Certificate of Conference below, Appellee Apache
Corporation does oppose this motion to extend time.
8. Appellant Kilgore Exploration, Inc. prays that this motion be granted
and that the time for filing a motion for en banc reconsideration be extended to
March 9, 2015, the date Kilgore filed its motion, attached as Exhibit A.
Respectfully submitted,
DOYLE, RESTREPO, HARVIN
& ROBBINS, L.L.P.
By:_ /s/ N. Kimberly Hoesl__________
Kathleen Cynthia Pickett
State Bar No. 15980500
cpickett@drhrlaw.com
N. Kimberly Hoesl
State Bar No. 24040540
khoesl@drhrlaw.com
440 Louisiana St., Suite 2300
Houston, Texas 77002
(713) 228-5100 (telephone)
(713) 228-6138 (facsimile)
Attorneys for Appellant
Kilgore Exploration, Inc.
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CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Appellant’s Motion to
Extend Time to File Motion for En Banc Reconsideration was delivered to all
counsel of record by the method indicated below on March 9, 2015.
Kenneth P. Held
SCHIFFER ODOM HICKS AND JOHNSON PLLC
700 Louisiana St., Suite 1200
Houston, Texas 77002
Phone: (713) 357-5150
Facsimile: (713) 357-5160
by X Electronic filing service
X Certified Mail, Return Receipt Requested
Christopher Barnes
Apache Corporation
2000 Post Oak Blvd., Suite 100
Houston, Texas 77056
Phone: (713) 296-6511
Facsimile: (713) 296-6481
by X Electronic filing service
X Certified Mail, Return Receipt Requested
Attorneys for Appellee Apache Corporation
/s/ N. Kimberly Hoesl
N. Kimberly Hoesl
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CERTIFICATE OF COMPLIANCE
Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), I hereby certify that
this Appellant’s Motion to Extend Time to File Motion for En Banc
Reconsideration contains 292 words (excluding the caption, identity of parties and
counsel, statement regarding oral argument, table of contents, table of authorities,
statement of the case, statement of issues presented, signature, certificates of
compliance and service, and appendix). This is a computer-generated document
created in Microsoft Word, using 14-point typeface for all text, except for
footnotes, which are in 12-point typeface. In making this certificate of compliance,
I am relying on the word count provided by the software used to prepare this
document.
/s/ N. Kimberly Hoesl
N. Kimberly Hoesl
CERTIFICATE OF CONFERENCE
I hereby certify that on March 9, 2015, I conferred with Kenneth Held,
counsel for Appellee Apache Corporation, and he informed me that Appellee
opposes the relief sought in this motion.
/s/ N. Kimberly Hoesl
N. Kimberly Hoesl
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