ACCEPTED
01-15-00266-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/10/2015 3:30:23 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00266-CV
IN THE FIRST COURT OF APPEALS HOUSTON,FILED IN
1st COURT OF APPEALS
TEXAS HOUSTON, TEXAS
6/10/2015 3:30:23 PM
CHRISTOPHER A. PRINE
Clerk
UNOCAL PIPELINE COMPANY
Appellant,
v.
BP PIPELINES (ALASKA) INC., ET AL.
Appellees
APPELLANT’S UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE BRIEF
GIBBS & BRUNS, L.L.P.
Mark A. Giugliano
mgiugliano@gibbsbruns.com
TBA No. 24012702
Anthony N. Kaim
akaim@gibbsbruns.com
TBA No. 24065532
J. Benjamin Bireley
bbireley@gibbsbruns.com
TBA No. 24076086
1100 Louisiana, Suite 5300
Houston, Texas 77002
Telephone: (713) 650-8805
Facsimile: (713) 750-0903
ATTORNEYS FOR APPELLANT,
UNOCAL PIPELINE COMPANY
TO THE HONORABLE FIRST COURT OF APPEALS:
Appellant Unocal Pipeline Company (“Unocal”) files this Unopposed
Motion for Extension of Time to File Appellant’s Brief, and would respectfully
show the Court as follows:
A. The Present Deadline
The record in this case was filed on May 19, 2015. Under the Texas Rules
of Appellate Procedure, the brief for Appellants is due to be filed on or before June
18, 2015. See TEX. R. APP. P. 38.6(a).
B. The Length of the Extension Sought
Appellant seeks a thirty (30) day extension of time in which to file its brief.
Specifically, Appellant requests an extension from June 18, 2015 through and
including July 20, 2015, to file its brief.
C. Number of Previous Extensions Granted
This is the first extension Appellant has requested with respect to its brief.
D. Facts Explaining the Needed Extensions
Appellant seeks an extension of time to file its brief for the following
reasons. First, Appellant’s brief involves two summary judgment rulings on
separate causes of action and evidentiary rulings, which were extensively briefed
and argued separately at the trial court. One of the rulings at issue was the subject
of cross motions and the briefing included responses, replies, and sur-replies.
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Accordingly, briefing both of these rulings in Appellant’s brief has resulted in the
need for additional time.
Second, Appellant’s counsel has unavoidable professional scheduling
conflicts which interfere with the ability of Appellant to meet the present filing
deadline. The primary drafter of Appellant’s brief is involved in a matter that has
numerous depositions scheduled per week in June.
Appellant has attempted to complete the brief by the present deadline, but
the above-noted conflicts and the numerous issues to be briefed make it impossible
to do so. This request is made not for improper purposes of delay, but so that
justice may be done.
Counsel for Appellees is not opposed to the requested extension.
WHEREFORE, Appellant Unocal Pipeline Company respectfully requests
that the Court grant this Unopposed Motion for Extension of Time to File its Brief
and extend the time for Appellant to file its brief from June 18, 2015 through and
including July 20, 2015.
Respectfully submitted,
GIBBS & BRUNS, LLP
By: /s/ Mark A. Giugliano
Mark A. Giugliano
mgiugliano@gibbsbruns.com
TBA No. 24012702
Anthony N. Kaim
akaim@gibbsbruns.com
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TBA No. 24065532
J. Benjamin Bireley
bbireley@gibbsbruns.com
TBA No. 24076086
1100 Louisiana, Suite 5300
Houston, Texas 77002
Telephone: (713) 650-8805
Facsimile: (713) 750-0903
ATTORNEYS FOR APPELLANT,
UNOCAL PIPELINE COMPANY
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CERTIFICATE OF CONFERENCE
I certify that I conferred with counsel for Appellees, Michael V. Powell, who
has indicated that Appellees are unopposed to the relief requested in this motion.
/s/ Mark A. Giugliano .
Mark A. Giugliano
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CERTIFICATE OF SERVICE
I certify that on the 10th day of June, 2015 I served a copy of the foregoing
document upon the following attorneys of record via e-mail:
Michael V. Powell
Elizabeth L. Tiblets
Locke Lord LLP
2200 Ross Avenue, Suite 2200
Dallas, Texas 75201
Fax: (214) 756-8520
mpowell@lockelord.com
etiblets@lockelord.com
Steven G. Reed
Lara E. Romansic
Steptoe & Johnson LLP
1330 Connecticut Avenue, N.W.
Washington, D.C. 20036-1795
Fax: (202) 429-3902
sreed@steptoe.com
lromansic@steptoe.com
/s/ Mark A. Giugliano .
Mark A. Giugliano
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