Case No. 01-15-00300-CV

________________________________ IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS

_________________________________ SUMMIT INDUSTRIAL CONS TRUCTION L.L.C. Appellant

v. UTICA EAST OHIO MIDSTREAM L.L.C. Appellee

_________________________________ On appeal from the 190th Judicial Di strict Court of Harris County, Texas The Honorable Patricia J. Kerrigan Presiding

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## APPELLANT’S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S REPLY BRIEF

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TO THE HONORABLE COURT OF APPEALS: Appellant Summit Industrial Construc tion L.L.C. (“Summit”) respectfully requests an extension of time to file Re ply Brief of Appellant, to which Appellee

Utica East Ohio Midstream L.L. C. (“Utica”) is not opposed. 1. Summit filed Brief of Appellant on May 12, 2015. ACCEPTED 01-15-00300-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 7/7/2015 9:43:48 AM CHRISTOPHER PRINE

CLERK2. Utica filed Brief of Appellee on June 22, 2015. 3. Appellant’s Reply Brief is due July 13, 2015. 4. In accordance with Rules 38.6(d) and 10.5(b) of the Texas Rules of Appellate Procedure, Appellant seeks to extend the time for filing Reply Brief of Appellant. 5. Appellant seeks an extension of tw enty-one (21) days for filing Reply Brief of Appellant, thereby extending the deadline to file the brief to August 3,

2015. 6. No previous extensions of time to file Reply Brief of Appellant have been granted. 7. The preparation of Reply Brief of Appellant is a priority for counsel, however due to significant commitments in other pending matters, counsel is unable to give this matter adequate attention in orde r to properly research the issues to be addressed in the reply br ief. These commitments are difficult or impossible to reschedule in the short time available. A twenty-one day extension will make it possible for Summit to prepare a complete and concise reply that will

be useful to the Court. 8. Utica is not opposed to the request for extension of time.

PRAYER For these reasons, Summit requests that this motion be granted, that theCourt extend the deadline to file Reply Brie f of Appellant by twen ty-one (21) days, until August 3, 2015, and for any further relief at law a nd equity to which it may show itself justly entitled.

Respectfully submitted, FORD NASSEN & BALDWIN, P.C. 111 Congress Ave., Suite 1010 Austin, Texas 78701 512.236.0009 (telephone) 512.236.0682 (facsimile) rcfisk@fordnassen.com By: /s/ R. Carson Fisk R. Carson Fisk State Bar No. 24043659 Attorney for AppellantCERTIFICATE OF CONFERENCE Pursuant to Rule 10.1(5) of the Texas Rules of Appellate Procedure, I hereby certify that on July 6, 2015 I conferred with counsel fo r Appellee about the meri ts of this motion. Counsel for Appellee does not oppose this motion. By: /s/ R. Carson Fisk R. Carson Fisk

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoi ng has been served pursuant to the Texas Rules of Appella te Procedure via the electronic filing manager, if the email address of the party or attorney to be served is on file with the electronic filing manager, or via first class mail, if the em ail address of the party or attorney to be served is not on file with the electronic filing manager to the following person(s) on July 7, 2015:

Counsel for Utica East Ohio Midstream, L.L.C. Scott D. Marrs, Andrew B. Mc Gill, and Scott R. Davis Beirne Maynard and Parsons L.L.P.

1300 Post Oak Blvd., Suite 2500 Houston, Texas 77056

By: /s/ R. Carson Fisk R. Carson Fisk