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

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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