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

D OYLE , R ESTREPO , H ARVIN

& R OBBINS , 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, 201 5 ACCEPTED

01-13-00347-CV

FIRST COURT OF APPEALS
HOUSTON, TEXAS

3/9/2015 4:38:27 PM

CHRISTOPHER PRINE

CLERKPursuant to Texas Rule of Appellate Procedure 10.5(b), Appell ant Kilgore

Exploration, In c. (“Kilgore”) file s 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 T EX

. R. A PP

. 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 i ts Motion for En Banc Reconsideration to be filed upon the granting of

this motion to extend time

.

4. Kilgore request s 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 real

time communications with that side of the world is logistically difficult because

they are approximately fourteen hours ahead of Houston time, so they we re a sleep

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

travel led 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.

26. 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. pray s that this motion be granted

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

M arch 9, 2015, the date Kilgore filed its motion, attached as Exhibit A

.

Respectfully submitted,

D OYLE , R ESTREPO , H ARVIN

& R OBBINS , L.L.P.

By:_ /s/ N. Kimberly Hoesl

__________ Kathleen Cynthia Pi ckett

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.

3CERTIFICATE OF SERVI CE

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

Exten d Time to File Motion for En Banc Reconsideration was delivered to all
counsel of record by the method indicated below on March 9, 20 15.

Kenneth P. Held

S CHIFFER O DOM H ICKS AND J OHNSON 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 Barn es 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

4CERTIFICATE OF COMPL IANCE

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

this Appellant’s Motion to Exten d Time to File Motion for En Banc

Reconsideration contains 2 9 2 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). T his 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 u sed 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

o ppose s the relief sought in this motion

.

/s/ N. Kimberly Hoesl
N. Kimberly Hoesl

5