Unocal Pipeline Company v. BP Pipelines (Alaska) Inc., Conoco Phillips Transportation Alaska, Inc., and ExxonMobil Pipeline Co.

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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. 1 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 2 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 3 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 4 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 5