# 04-15-00536-CV

In the Court of Appeals for the Fourth Judicial District

at San Antonio, Texas

________________________ R OMERO 

### L ONGORIA 

### , ET AL 

### ,

Appellants 

### , v. E XXON 

### M OBIL 

### C ORPORATOIN 

### , ET AL



### Appellees,

___________________ FROM THE 79 D ISTRICT C OURT OF TH B ROOKS C OUNTY , T EXAS , T HE H ONORABLE R ICHARD C. T ERRELL , P RESIDING A PPELLANTS ’ F IRST M OTION FOR E XTENSION OF T IME TO F ILE B RIEF

__________________________________________ T O THE H ONORABLE J USTICES OF THE F OURTH C OURT OF A PPEALS : Appellants Romeo Longoria, et al, files their motion to request that the time for filing their Brief be extended by 30 days to November 23 (the 21 being a Saturday), 2015, and rd st as reasonable explanation for the extension, shows the following: 1. This appeal was perfected by the filing of a Notice of Appeal. The original record was filed on September 22, 2015, making Appellants’ brief due October 22, 2015. ACCEPTED 04-15-00536-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 10/20/2015 3:35:20 PM KEITH HOTTLE CLERK2. The undersigned attorney is solely responsible f or the preparation of Appellants’ Brief

. 3. This e x t e n s i o n is not sought f or purposes of delay

. To the contrary , the inability to f ile Appellants’ Brief by the due date was not deliberate or intentional, but was caused by the f ollowing: ( 1) A delay in getting the clerk’s record, which was not corrected and filed until October 14, 2015 and which Appellants’ counsel has yet to receive; ( 2) Preparation for oral ar g u me n t i n Ca u s e No. 14-0901; Union Pacific Railroad v. Nami at the Supreme Court of Texas schedule d for November 3, 2015; ( 3) P r ep a r a t i o n f

o r Me d i a t i o n i n C

a u s e N o . 1 3 -1 5 -00310-CV ;Serv ice Su p p l y o f Victoria, Inc. v. All Seasons HAC; In the Thirt eenth Court of Appeals, Schedule d

for October 26, 2015.
Certif

icate of Conf erence 4. There has been no previous request f or extension. Counsel f

or Appellants did not attem pt to reach out to the num erous counsel in this case f or a conf erence, but ask that they let the undersigned or the Court know if they are opposed to this f

irst extension. W HEREFORE, Appellants request the Court to extend the tim e f or f iling their brief to Novem ber 23, 2015, and f

or such other relief

to which they

m ay be entitled. Respectf ully submitt ed,

/s/ Cy nthia T. Sheppard CYNTHI A T. SHEPPARD Attorney at L aw State Ba r No. 20245500 P.O. Box 67 Cuero, Te x as 77954Tele. ( 361) 277-8539 Fa x (361) 277- 8571

ATTORNEY F OR APPEL L ANTS

CERTIFIC ATE OF SERVICE The undersig ned cer

tifies that a true and corr ect copy of Appellants’ First Motion for Ex tension to File Br ief was forwa rded to all parties to the trial court’s judgme nt by e-f iling service or ema il on this the 20 day of Oc tober, 2015, a s follows: t h /s/ Cy nthia T. Sheppard

________________________________ Cy nthia T. Sheppard Darrell Barger dbarger@hdbdlaw.com J. Reid Sim

pson rsim

pson@hdbdlaw.com J. Derrick Price dprice@m cginnislaw.com Patton Lockridge plockridge@m cginnislaw.com Claude Henkel III paula@cm henkel.com Robert Luther bluther@lutherlaw.com W illiam W ood william .wood@nortonrosefulbright.com Lauren Varnado lauren.varnado@nortonrosef ulbright.com John Nelson jnelson@locklord.com Edm undo Ram irez eor@ekrattorney s.com Daniel McClure dan.m cclure@nortonrosefulbright.com Erin Hudson ehudson@atlashall.comMichael Rodriguez mrodreguez@atlashall.com

Rebecca Cole rebecca.cole@nortonrosef ulbright.com Jordan Mullins jm

ullins@m cginnislaw.com Travis Barton tbarton@m cginnislaw.com