Case No. 01-15-00300-CV 

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IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS 

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SUMMIT INDUSTRIAL CONSTRUCTION L.L.C. 

Appellant 

v. 

UTICA EAST OHIO MIDSTREAM L.L.C. 

 

Appellee 

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On appeal from the 190th Judicial District 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 Construction L.L.C. (“Summit”) respectfully 

requests an extension of time to file Reply 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

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/7/2015 9:43:48 AM CHRISTOPHER A. PRINE Clerk
 2. 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 twenty-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 order to properly research the 

issues to be addressed in the reply brief. 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 the 
Court extend the deadline to file Reply Brief of Appellant by twenty-one (21) days, 

until August 3, 2015, and for any further relief at law and 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 Appellant

 
CERTIFICATE 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 for Appellee about the merits 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 foregoing has been served 

pursuant to the Texas Rules of Appellate 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 email 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. McGill, 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