Eog Resources ’ Mtn. for Extension 1 / 4 

# N o

. 12

- 14

- 00262

- CV

in the

Twelfth Court of A ppeals

T yler , Texas

Charles and Mary Lou Alford

,

Appellant s

,

v.

Robert Thomas McKeithen; EOG Resources, Inc.;

and Central Texas Land Services,

Appellee s

.

EOG’s Motion for Extension

Appellee EOG Resources, Inc. respectfully asks the Court to extend the

due date of its appellee’s brief by 30 day s , to June 25

, 2015

. 1

I. RULE 10.5 INFORMATION

1. Deadline for filing appellee’s brief:

May 26

, 2015 (Appellant’s brief was filed on April 24

, 2015 ).

2. Length of extension sought:

Thirty days, so that the new deadline would be June 25

, 2015

.

1 References to EOG include Central Texas Land Services, which is also an appellee. ACCEPTED

12-14-00262-CV

TWELFTH COURT OF APPEALS

TYLER, TEXAS

5/6/2015 2:06:21 PM

CATHY LUSK

CLERKEog Resources ’ Mtn. for Extension 2 / 4 3. Facts relied on to reasonably explain the need for extension:

Four considerations warrant an extension.

First, EOG’s counsel has a sp ecial

- exceptions hearing on May 15 in B.D.

Resources, Inc. v. Ellora Ener gy , Inc. , No. 14 CV 32892 in the 123 rd/ 273 rd Di strict Court of Shelby County, Texas.

Second, EOG’s counsel has multiple discovery responses due on May 11

in Goodwin v. XTO Ener gyInc. , No. CV

- 13

- 9496 in the District Court of San

Augustine County, Texas.

Third

, EOG’s counsel has a joint pretrial order due May 18 in White Rock

Expl., Inc. v. Palestine Water Well Service, Inc. , No. 14

- 0596

- B in the 114 th Di strict Court of Smith County, Texas. EOG’s counsel has a pretrial conf erence

in that case on May 29 , and trial starts on June 8

.

Fourth

, EOG’s counsel has a summary

- judgment hearing on May 26 in

Circulation Solutions v. R.A.M.P. Chemicals , No. 2015 CVF 000571 D 3 in the

341 st District Court of Webb County, Texas.

EOG wants t o submit a brief worthy of this Court’s time and its own

cause. These four issues endanger that desire.

4. Number of previous extensions:

None.

II. CERTIFICATE OF C ONFERENCE

EOG has conferred with the Alfords’ counsel and with McKeithen’s

counsel, and neither opposes this motion

.Eog Resources ’ Mtn. for Extension 3 / 4 III. CONCLUSION

Thi s is EOG’s first request for an extension. The extension is not sought

merely for delay. The four above considerations warrant the extension. A ccordingly, EOG respectfully asks the Court to grant the 30

- day extension, so

that EOG’s brief will be due on June 25

, 2015 , in accordance with Tex. R.

App. P. 10

. 5 (b)( 1 ) & 38

. 6 (d).

Respectfully submitted,

Freeman Mills PC

110 N. College, Ste. 1400 Tyler, Texas 757 02

903

. 592

. 7755 phone

903

. 592

. 7787 fax

www.freemanmillspc.com

By:

Jason R. Mills

Bar No. 24041494 eservicejrm@freemanmillspc.com

Graham K. Simms

Bar No. 24060610

gimms@freemanmillspc.com

Joshua C. Ashley

Bar No. 24078161

jashley@freemanmillspc.comEog Resources ’ Mtn. for Extension 4 / 4 CERTIFICATE OF SERVI CE

I certify that a true and correct copy of this document was served on all

counsel of record on May 6

, 2015 in accordance with the Texas Rules of A ppellate Procedure.

Jason R. Mills