Michael A. Cerny and Myra L. Cerny, Individually and as Next Friends of Cameron A. Cerny, a Child v. Marathon Oil Corporation, Marathon Oil EF LLC, and Plains Exploration & Producing Company

ACCEPTED
04-14-00650-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
ONE SHELL PLAZA AUSTIN LONDON
10/23/2015 3:46:46 PM
910 LOUISIANA BEIJING MOSCOW KEITH HOTTLE
HOUSTON, TEXAS BRUSSELS NEW YORK CLERK
77002-4995 DALLAS PALO ALTO
DUBAI RIO DE JANEIRO
TEL +1 713.229.1234 HONG KONG RIYADH
FAX +1 713.229.1522 HOUSTON WASHINGTON
BakerBotts.com
FILED IN
4th COURT OF APPEALS
SAN ANTONIO, TEXAS
10/23/2015 3:46:46 PM
October 23, 2015 KEITH E. HOTTLE
Macey Reasoner Stokes
Clerk
TEL +1 713.229.1369
BY ELECTRONIC FILING FAX +1 713.229.7869
macey.stokes@bakerbotts.com

Hon. Keith E. Hottle
Clerk of the Court
Fourth Court of Appeals
Cadena-Reeves Justice Center
300 Dolorosa, Suite 3200
San Antonio, Texas 78205-3037

Re: Michael A. Cerny and Myra L. Cerny, Individually and as Next Friend
of Cameron A. Cerny, a Minor v. Marathon Oil Corporation,
Marathon Oil EF, LLC and Plains Exploration & Production
Company, No. 04-14-00650-CV in the Court of Appeals for the
Fourth Judicial District of Texas at San Antonio

Dear Mr. Hottle:
Pursuant to Texas Rule of Appellate Procedure 49.2, Appellees
Marathon Oil Corporation and Marathon Oil EF, LLC file this letter to inform the
Court that they do not plan to file a response to the motion for rehearing and
motion for en banc reconsideration filed by Appellants Michael A. Cerny and
Myra L. Cerny, Individually and as Next Friend of Cameron A. Cerny, a Minor,
unless requested to do so by the Court.
Very truly yours,

Macey Reasoner Stokes

MRS:1279

Active 21258829.1
Hon. Keith E. Hottle 2 October 23, 2015

CERTIFICATE OF SERVICE
I certify that a true and correct copy of this waiver of response was
served on all counsel of record by certified mail and/or electronic mail on the 23rd
day of October, 2015, as follows:

Counsel for Appellants Michael A. Cerny and Myra L. Cerny, Individually and as
Next Friend of Cameron A. Cerny, a Minor:

David D. Towler, Attorney at Law
P.O. Box 569; 410 E. Collins
San Diego, Texas 78384
Email: dtowler@dtowler.com

Counsel for Appellee Plains Exploration & Production Company:

James J. Ormiston
Mike A. Ackal, III
Gray Reed & McGraw, PC
1300 Post Oak Blvd., Suite 2000
Houston, Texas 77056

Macey Reasoner Stokes

Active 21258829.1