ACCEPTED
07-15-00083-CV
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
9/21/2015 4:32:28 PM
Vivian Long, Clerk
07-15-00083-CV
FILED IN
7th COURT OF APPEALS
COURT OF APPEALS FOR THE AMARILLO, TEXAS
SEVENTH DISTRICT OF TEXAS 9/21/2015 4:32:28 PM
Amarillo, Texas VIVIAN LONG
CLERK
MARK P. HARDWICK, INDIVIDUALLY AND D/B/A
MARK P. HARDWICK OIL AND GAS PROPERTIES AND
MARK P. HARDWICK, LLC
Defendants - Appellants,
v.
SMITH ENERGY COMPANY, ON ITS OWN BEHALF AND ON BEHALF
OF SMITH ENERGY RESOURCE OIL, LTD., A TEXAS PARTNERSHIP, AND
ON BEHALF OF SMITH ENERGY PARTNERS I, LTD.,
A TEXAS LIMITED PARTNERSHIP
Plaintiff - Appellee.
APPELLEE’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE APPELLEE’S BRIEF
TO THE HONORABLE SEVENTH COURT OF APPEALS:
Pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellee Smith
Energy Company, on its own behalf and as the General Partner of Smith Energy
Resource Oil, Ltd., a Texas Limited Partnership, (“SERO”) and as General Partner
of Smith Energy Partners I, Ltd., a Texas Limited Partnership, (“SEP I”) and as the
party authorized to bring suit on behalf of interested parties who have been damaged
by Defendants’ acts and omissions,1 (“Plaintiff” or “Smith Energy” or “Smith”)
moves to extend the time to file its Appellee’s Brief and shows the following:
I.
Appellee’s Brief is due on October 9, 2015. Appellee seeks an extension of
this deadline by 32 days, making the brief due on Tuesday, November 10, 2015.
II.
An extension of the deadline for filing the Appellee’s Brief is needed because
of conflicts with other matters counsel is presently involved. For example,
Appellee’s counsel is assisting Rice University respond to Open Records Requests
over the next several months. The Rice University Police Department only recently
became subject to these requests, and the deadlines for filing letters requesting
opinions from the Texas Attorney General’s office arise with little notice, are
numerous and varied, and are not extendable. Appellee’s counsel is presently aware
of letter filing deadlines on September 22nd and 25th, and October 2nd, 6th and 13th.
Appellee’s counsel believes that the likelihood is high that there will be additional
nonmovable deadlines for filings with the Texas Attorney General within the next
month. Appellee’s counsel is also set for trial on October 5, 2015 in Cause No.
2012-31192, Johnny Doe, et al. v. Camp LaJunta, 1928, LP, et al., in the 333rd
1
Smith Energy has received assignment of claims.
2
Judicial District Court of Harris County, Texas with the pretrial conference and
exchange of pretrial materials due on September 28, 2015.
III.
This motion is Appellee’s first request to extend the time for filing its
Appellee’s Brief.
IV.
Appellant is unopposed to this motion.
V.
This motion is made in good faith and not solely for purposes of delay.
VI.
Appellee Smith Energy requests that the motion be granted and that the Court
establish Tuesday, November 10, 2015, as the deadline for filing their Appellee’s
Brief.
Respectfully submitted,
RUSTY HARDIN & ASSOCIATES, LLP
Lara Hudgins Hollingsworth
State Bar No. 00796790
Rusty Hardin
State Bar No. 08972800
3
Ryan K. Higgins
State Bar No. 24007362
Carolyn P. Courville
State Bar No. 24007042
5 Houston Center
1401 McKinney, Suite 2250
Houston, Texas 77010
lhollingsworth@rustyhardin.com
rhardin@rustyhardin.com
rhiggins@rustyhardin.com
ccourville@rustyhardin.com
Telephone: (713) 652-9000
Facsimile: (713) 652-9800
Attorneys For Appellee Smith Energy
CERTIFICATE OF CONFERENCE
Appellee’s counsel has conferred with Appellants’ counsel and they are not
opposed to the filing of Appellee’s Unopposed Motion for Extension of Time to File
Appellee’s Brief.
Lara Hudgins Hollingsworth
4
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of Appellee’s Unopposed Motion
for Extension of Time to File Appellee’s Brief has been served in accordance with
Texas Rule of Appellate Procedure 9.5 on September 21, 2015:
David M. Gunn By E-Service
dgunn@beckredden.com
Chad Flores
cflores@beckredden.com
Beck Redden LLP
1221 McKinney, Suite 4500
Houston, Texas 77010-2010
Telephone: 713-951-3700
Facsimile: 713-951-3720
Lara Hudgins Hollingsworth
5
Mark P. Hardwick, Individually and D/B/A Mark P. Hardwick Oil and Gas Properties and Mark P. Hardwick, LLC v. Smith Energy Company, on Its Own Behalf and on Behalf of Smith Energy Resource Oil, Ltd., a Texas Limited Partnership, and on Behalf of Smith Energy Partners I, Ltd., a Texas Limited Partnership
Combined Opinion