FILED
15-0155
8/27/2015 2:31:27 PM
tex-6683939
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK
No. 15-0155
IN THE SUPREME COURT OF TEXAS
ENDEAVOR ENERGY RESOURCES, L.P. AND
ENDEAVOR PETROLEUM,
Petitioners,
v.
DISCOVERY OPERATING, INC. AND
PATRIOT ROYALTY AND LAND, LLC
Respondents
On Petition for Review from
the Eleventh Court of Appeals at Eastland
UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION
OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW
TO THE HONORABLE SUPREME COURT OF TEXAS:
Discovery Operating, Inc., Patriot Royalty and Land, LLC, Stanley D. Elrod,
Karen M. Thomas, Jon David Elrod, Janice K. Gaither and Joseph Elrod, and
Rebecca J. Williams, Norvela Ann Schafer and Jackie Lue Wells, Trustees of the
Mildred Haggard Irrevocable Grantor Trust (collectively “Respondents”) file this
motion and respectfully request an additional twenty-one days to file their responses
to the petition for review for the following reasons:
UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 1
1. Petitioners filed their petition for review on May 1, 2015.
2. The Court requested Respondents to file a response by August 3, 2015.
3. A thirty-day extension for Respondents to file their responses was
granted creating a new deadline of September 2, 2015.
4. A twenty-one day extension for Respondents to file their response would
create a new deadline of September 23, 2015.
5. Respondents seek this extension of time not for purposes of delay but
rather so that justice may be done and a helpful response may be prepared for the
Court.
6. Respondents’ counsel have conflicts that necessitate additional time to
prepare responses to the petition for review in this case.
For example, Ryan Clinton is presently involved in additional litigation
including:
• JSA Properties Ltd. v. SandRidge Energy, Inc., No. P-11681-112-CV in
the 112th District Court of Pecos County;
• Tamra Hissom Budd, et al v. Energen Resources Corporation., No. 15-
02-825, in the 143rd District Court of Loving County;
• GKM Mineral Partnership, LP v. SandRidge Energy, Inc., No. 3,123 in
the 83rd District Court of Terrell County, Texas;
• West Texas National Bank v. FEC Holdings, No. CV48334, in the 385th
District Court of Midland County;
• Brennand Lazy H Ranch Ltd. v. Energen Resources Corporation, No.
16,452, in the 32nd District Court of Mitchell County;
UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 2
• Mercury-Ward LLC v. Anadarko Petroleum Corporation, No. 08-15-
00168-CV, in the El Paso Court of Appeals;
• Chesapeake Exploration, L.L.C. v. BMT O&G TX, L.P., No. 08-14-
00133-CV, in the El Paso Court of Appeals; and
• Texas State Bd. of Veterinary Medical Examiners v. Jefferson, No. 03-
14-00774-CV, in the Austin Court of Appeals.
Drew Mouton is presently involved in additional litigation including:
• Boone v. Greyhound Lines, Cause No. 48979 in Howard County District
Court.
Rick Strange is presently involved in additional litigation including:
• Yancheng Ruide Petrochemical Machinery v. McClinton Energy Group;
Cause No. B-137,481; 161st Judicial District Court Ector County.
• Peregrine Pipeline Co. v. XTO Energy; Cause No. 71 198 00181 13;
American Arbitration Association Dispute Resolution.
7. This request is unopposed.
8. Petitioners sought and received two extensions of time to file their
petition for review.
Accordingly, Respondents request a 21-day extension of time to file their
responses to the petition for review, setting a new deadline of September 23, 2015.
UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 3
Respectfully submitted,
By: /s/ Ryan Clinton
RYAN CLINTON
State Bar No. 24027934
rdclinton@dgclaw.com
Davis, Gerald & Cremer, P.C.
111 Congress Ave., Suite 1660
Austin, Texas 78701
Ph: (512) 537-9938
JOHN A. “JAD” DAVIS
State Bar No. 05511400
jadavis@dgclaw.com
JILL C. PENNINGTON
State Bar No. 24007825
jcpennington@dgclaw.com
Davis, Gerald & Cremer P.C.
400 W. Illinois, Suite1400
Midland, Texas 79702
Ph: (432) 687-0011
Fax: (432) 687-1735
ATTORNEYS FOR RESPONDENT
DISCOVERY OPERATING, INC.
UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 4
By: /s/ Rick Strange
RICK STRANGE
State Bar No.19356700
rstrange@cbtd.com
JOSEPH A. BAKER
State Bar No. 24058547
jbaker@cbtd.com
Cotton, Bledsoe, Tighe & Dawson
P. O. Box 2776
Midland, Texas 79702
Ph: (432) 684-5782
Fax: (432) 682-2672
ATTORNEYS FOR RESPONDENT
PATRIOT ROYALTY AND LAND,
LLC
By: /s/ Drew Mouton
DREW MOUTON
State Bar No. 14606400
dmouton@moutonlaw.com
Mouton & Mouton
P. O. Box 1030
Big Spring, Texas 79721-1030
Ph: (432) 263-7676
Fax: (432) 263-8686
ATTORNEY FOR RESPONDENTS
STANLEY D. ELROD, KAREN M.
THOMAS, JON DAVID ELROD,
JANICE K. GAITHER AND JOSEPH
ELROD
UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 5
By: /s/ John T. Ferguson
JOHN T. FERGUSON
State Bar No. 06918000
weaverferg@yahoo.com
Weaver & Ferguson, P.C.
P. O. Drawer 1750
Big Spring, Texas 79721-1750
Ph: (432) 267-8203
Fax: (432) 267-8203
ATTORNEY FOR RESPONDENTS
REBECCA J. WILLIAMS, NORVELA
ANN SCHAFER AND JACKIE LUE
WELLS, TRUSTEES OF THE
MILDRED HAGGARD
IRREVOCABLE GRANTOR TRUST
CERTIFICATE OF CONFERENCE
I certify that I contacted counsel for Petitioners, who informed me that
Petitioners do not oppose this motion.
/s/ Ryan Clinton
Ryan Clinton
CERTIFICATE OF COMPLIANCE
I certify that this motion was prepared in 14-point font.
/s/ Ryan Clinton
Ryan Clinton
UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 6
CERTIFICATE OF SERVICE
I hereby that on August 27, 2015, a true and correct copy of this motion was
served on the following counsel as follows:
VIA EFSP VIA EFSP
Scott A. Brister Rick G. Strange
Andrews Kurth LLP Joseph Andrew Baker
111 Congress, Suite 1700 Cotton Bledsoe Tighe & Dawson, P.C.
Austin, Texas 78701 500 W. Illinois, Suite 300
Midland, Texas 79701
VIA EFSP
David M. Gunn VIA EFSP
Erin H. Huber Drew Mouton
Beck Redden LLP Mouton & Mouton
1221 McKinney, Suite 4500 P. O. Box 1030
Houston, TX 77010 Big Spring, Texas 79721-1030
VIA EFSP VIA EFSP
Joe E. Lea John Ferguson
J. Derrick Price Weaver & Ferguson, P.C.
McGinnis, Lochridge & P. O. Drawer 1750
Kilgore, L.L.P. Big Spring, TX 79721-1750
600 Congress, Suite 2100
Austin, Texas 78701
/s/ Ryan Clinton
Ryan Clinton
UNOPPOSED JOINT MOTION OF RESPONDENTS FOR 21-DAY EXTENSION OF TIME TO FILE RESPONSES TO PETITION FOR REVIEW PAGE 7