Premium Valve Services, LLC v. Comstock Oil & Gas, LP, Comstock Oil & Gas-Louisiana, LLC and Certain Underwriters

ACCEPTED
01-15-00108-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/28/2015 9:27:23 AM
CHRISTOPHER PRINE
CLERK

No. 01-15-00108-CV
________________________________________________
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FIRST DISTRICT OF TEXAS 5/28/2015 9:27:23 AM
HOUSTON, TEXAS CHRISTOPHER A. PRINE
_________________________________________________ Clerk

Premium Valve Services, LLC
Appellant
v.
Comstock Oil & Gas, LP, Comstock Oil & Gas- Louisiana, LLC
and Certain Underwriters
Appellees

On Appeal from the 270th Judicial District Court
Harris County, Texas
____________________________________

AGREED MOTION TO EXTEND TIME
TO FILE APPELLANT’S BRIEF
______________________________________________________

Appellant, Premium Valve Services, LLC (“PVS”) files this Agreed Motion

to Extend Time to File Appellant’s Brief, and would show the Court as follows:

1. The parties have agreed to this motion.

2. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to

extend the time to file a brief.

3. The Clerk’s Record was filed in this Court on April 29, 2015. The

Reporter’s Record was filed on February 6, 2015. PVS’s Brief of Appellant is due
on May 29, 2015. There have been no prior motions or requests to extend the time

to file Appellant’s Brief.

4. This is an appeal from a jury trial in an oil well blow-out case involving

property damages, resulting in a judgment in favor Appellees for actual damages of

$12,700,000. Trial lasted eight days, and included over 13,000 pages of exhibits

and photographs, as well as testimony from nineteen witnesses including four

retained experts. The factual and technical issues in the case were detailed and

complex. Counsel for PVS has worked diligently on preparation of the brief, but

has been required to travel extensively in connection with discovery in other

matters during the past month, and is set for pretrial on May 26, and trial on June 1

in another matter in Austin, Texas.

5. PVS respectfully requests an additional 30 days to finalize and file its brief,

extending the time up to and including June 29, 2015.

6. This motion is not sought for delay, but that justice may be done.

For these reasons. PVS respectfully asks the Court to grant an extension of

time to file its brief up to and including June 29, 2015.

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 Respectfully submitted,

/s/ H. Dwayne Newton
____________________________
H. Dwayne Newton
State Bar of Texas No. 14977200
dnewton@newton-lawyers.com
NEWTON, JONES & SPAETH
3405 Marquart
Houston, TX 77027
Telephone: 713-493-7620
Facsimile: 713-493-7633

CERTIFICATE OF CONFERENCE

As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
conferred via email on May 28, 2015 with counsel for Appellees listed below and
she has agreed to the relief sought in this motion.

Julie M. Palmer
State Bar of Texas No. 08710800
jpalmer@grayreed.com
GRAY REED & MCGRAW, PC
1300 Post Oak Blvd., Suite 2000
Houston, TX 77056

/s/ Cynthia L. Jones
____________________________
Cynthia L. Jones
State Bar of Texas No. 00852600

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 CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Unopposed Motion to Extend
Time to File Appellant’s Brief was served on the following party via electronic
filing on May 28, 2015.

Julie M. Palmer
State Bar of Texas No. 08710800
jpalmer@grayreed.com
GRAY REED & MCGRAW, PC
1300 Post Oak Blvd., Suite 2000
Houston, TX 77056

/s/ Cynthia L. Jones
____________________________
Cynthia L. Jones
State Bar of Texas No. 00852600

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