1 NO. 04

- 15

- 00318

- CV

I N THE C OURT OF A PPEALS

F OR THE F OURTH J UDICIAL D ISTRICT OF T EXAS

S AN A NTONIO

, T EXAS

GEMINI INSURANCE COM PANY

AND

BERKLEY OIL AND GAS SPECIALTY SERVICES, LLC

, Appellants

vs.

DRILLING RISK MANAGE MENT, INC.

, Appellee

APPELLEE’S UNOPPOSED MOTION FOR EXTENSION OF TIME

TO FILE MOTION FOR REHEARING

OR MOTION FOR EN BANC RECONSIDERATION

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Appellee Drilling Risk Management, Inc. file s this Unopposed Motion to

E xtend T ime to F ile Motion for Rehearing or Motion for En Banc Reconsideration

and would show the Court the following:

1. This case is on appeal from Cause Number 12

- 066 in the 216th

Judicial District Court of Kendall County, Texas, the Honorable William Palmer

,

Judge Presiding

.

2. This Court issued its Opinion and Judgment on July 6, 2016. ACCEPTED

04-15-00318-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

7/18/2016 2:46:37 PM

KEITH HOTTLE

CLERK2 3. T he original deadline for filing a m otion for rehearing or motion for

en banc reconsideration is July 21, 2016. The Court has the authority under

Rule 49.8 of the Texas Rules of Appellate Procedure to extend the time for a party

to file a motion for re hearing or motion for en banc reconsideration

. Appell ee

request s an additional fifteen (1 5 ) days from the date of the initial deadline to file a

motion for rehearing or motion for en banc reconsideration until August 5 , 2016.

4. The extension is necessary so that Appellee may fully evaluate the

Court’s opinion and prepare its motion for rehearing or motion for en banc

reconsideration

. In addition, this extension is necessary because Appellee’s

counsel Steve Skarnulis had to prepare for and attend a mediation hosted by the

Fifth Circuit in New Orleans on July 12, 2016, in Cause No. 16

- 50 373, Julie

Garza, et al

. v. Rebecca Bolin , et al

. Mr. Skarnulis wil l also be on vacation from

July 2 6

- 29, 2016.

5. This is the first extension sought by Appellee to file a motion for

rehearing or motion for en banc reconsideration

, and it is not sought for the

purposes of delay but so that justice may be done.

For these reasons, Appellee Drilling Risk Management, Inc. ask s the Court

to grant an extension of time to file a Motion for Rehearing or Motion for En Banc

Reconsideration until August 5, 2016.3 Signed July 18, 2016.

Respectfully submitted:

/s/ Steve Skarnulis

Charles J. Cain

State Bar No. 00796292

ccain@cstrial.com

Steve Skarnulis

State Bar No. 24041924

skarnulis@cstrial.com

Ryan E. Chapple

State Bar No. 24036354

rchapple@cstrial.com

C AIN & S KARNULIS PLLC

400 W. 15th Street, Suite 900

Austin, Texas 78701

512

- 477

- 5000

512

- 477

- 5011

— Facsimile

Catherine M. Stone

State Bar No. 1928600

cstone@langleybanack.com

L ANGLEY & B ANACK I NCORPORATED

Trinity Plaza II

745 Mulberry, Suite 900

San Antonio, Texas 78212

- 3166

210

- 736

- 6600

210

- 735

- 6889

— Facsimile

ATTORNEYS FOR APPELLEE

DRILLING RISK

MANAGEMENT, INC.4 CERTIFICATE OF CONFERENCE

Counsel for Appellee hereby certifies that his office has conferred with

counsel for Appellants and represents that Appellants are not opposed to the relief

requested in this motion.

/s/ Steve Skarnulis

Steve Skarnulis

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Motion has been

forwarded to all counsel of record in accordance with the Texas Rules of Appellate

Procedure on this 18th day of July 2016, as fo llows:

Thomas C. Wright

wright@wrightclose.com

R. Russell Hollenbeck

hollenbeck@wrightclose.com

Andrea G. Tindall

tindall@wrightclose.com

W RIGHT & C LOSE

, LLP

One Riverway, Suite 2200

Houston, Texas 77056

713

- 572

- 4320

— Facsimile George H. Lugrin, IV

glugrin@hallmaineslugrin.com

Reece Rondon

rrondon@hallmaineslugrin.com

Amanda J. Kujda

akujda@hallmaineslugrin.com

H ALL M AINES L UGRIN

, P.C.

Williams Tower, 64th Floor

2800 Post Oak Boulevard

Houst on, Texas 77056

713

- 871

- 8962

— Facsimile

/s/ Steve Skarnulis

Steve Skarnulis