NO. 01-13-00347-CV

IN THE COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS

KILGORE EXPLORATION INC.,

 Appellant.

v.

APACHE CORPORATION, 

 Appellee.

Appeal From Cause No. 2010-20264

In the 333rd Judicial District Court of Harris County, Texas

APPELLANT’S OPPOSED MOTION TO EXTEND TIME 

TO FILE MOTION FOR EN BANC RECONSIDERATION

DOYLE, RESTREPO, HARVIN

 & ROBBINS, L.L.P. 

Kathleen Cynthia Pickett

State Bar No. 15980500

cpickett@drhrlaw.com

N. Kimberly Hoesl

State Bar No. 24040540

khoesl@drhrlaw.com

 

440 Louisiana Street, Suite 2300

Houston, Texas 77002

(713) 228-5100 (Tel.)

(713) 228-6138 (Fax)

Attorneys for Appellant,

Kilgore Exploration Inc. 

March 9, 2015 

ACCEPTED

01-13-00347-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

3/9/2015 4:38:27 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/9/2015 4:38:27 PM CHRISTOPHER A. PRINE Clerk
Pursuant to Texas Rule of Appellate Procedure 10.5(b), Appellant Kilgore 

Exploration, Inc. (“Kilgore”) files this Opposed Motion to Extend Time to File a 

Motion for En Banc Reconsideration, and would respectfully show this Court the 

following:

1. This Court issued its judgment in this appeal on February 5, 2015.

2. Kilgore’s deadline to file a motion for rehearing or a motion for en 

banc reconsideration was February 20, 2015. See TEX. R. APP. P. 49.7.

3. Under Texas Rule of Appellate Procedure 49.8, Kilgore respectfully 

requests an extension of that deadline to March 9, 2015. Kilgore attaches as 

Exhibit A its Motion for En Banc Reconsideration to be filed upon the granting of 

this motion to extend time. 

4. Kilgore requests this extension because counsel was unable to confer 

with its client representatives in time to meet the February 20, 2015 deadline 

because those representatives are residents of Australia. Simply arranging realtime communications with that side of the world is logistically difficult because 

they are approximately fourteen hours ahead of Houston time, so they were asleep 

when counsel was awake and vice versa. In addition, the client representatives 

travelled extensively, which made communications that much more difficult to 

arrange.

5. This extension is not sought for delay but so that justice may be done.

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6. This is Kilgore’s first request for an extension of time to file a motion 

for en banc reconsideration.

7. As set forth in the Certificate of Conference below, Appellee Apache 

Corporation does oppose this motion to extend time.

8. Appellant Kilgore Exploration, Inc. prays that this motion be granted 

and that the time for filing a motion for en banc reconsideration be extended to 

March 9, 2015, the date Kilgore filed its motion, attached as Exhibit A.

Respectfully submitted,

DOYLE, RESTREPO, HARVIN 

& ROBBINS, L.L.P.

By:_ /s/ N. Kimberly Hoesl__________

Kathleen Cynthia Pickett 

State Bar No. 15980500

cpickett@drhrlaw.com

N. Kimberly Hoesl

State Bar No. 24040540

khoesl@drhrlaw.com

440 Louisiana St., Suite 2300

Houston, Texas 77002

(713) 228-5100 (telephone)

(713) 228-6138 (facsimile)

Attorneys for Appellant

Kilgore Exploration, Inc. 

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CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing Appellant’s Motion to

Extend Time to File Motion for En Banc Reconsideration was delivered to all 

counsel of record by the method indicated below on March 9, 2015.

Kenneth P. Held

SCHIFFER ODOM HICKS AND JOHNSON PLLC

700 Louisiana St., Suite 1200

Houston, Texas 77002

Phone: (713) 357-5150

Facsimile: (713) 357-5160

by X Electronic filing service

X Certified Mail, Return Receipt Requested

Christopher Barnes

Apache Corporation

2000 Post Oak Blvd., Suite 100

Houston, Texas 77056

Phone: (713) 296-6511

Facsimile: (713) 296-6481

by X Electronic filing service

X Certified Mail, Return Receipt Requested

Attorneys for Appellee Apache Corporation

/s/ N. Kimberly Hoesl

N. Kimberly Hoesl

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CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i)(3), I hereby certify that 

this Appellant’s Motion to Extend Time to File Motion for En Banc 

Reconsideration contains 292 words (excluding the caption, identity of parties and 

counsel, statement regarding oral argument, table of contents, table of authorities, 

statement of the case, statement of issues presented, signature, certificates of 

compliance and service, and appendix). This is a computer-generated document 

created in Microsoft Word, using 14-point typeface for all text, except for 

footnotes, which are in 12-point typeface. In making this certificate of compliance, 

I am relying on the word count provided by the software used to prepare this 

document.

/s/ N. Kimberly Hoesl

N. Kimberly Hoesl

CERTIFICATE OF CONFERENCE

I hereby certify that on March 9, 2015, I conferred with Kenneth Held, 

counsel for Appellee Apache Corporation, and he informed me that Appellee 

opposes the relief sought in this motion.

/s/ N. Kimberly Hoesl

N. Kimberly Hoesl

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