1 NO. 04

- 14 -00903- CV

IN THE COURT OF APPEALS

FOURTH DISTRICT OF TEXAS

SAN ANTONIO, TEXAS

LIGHTNING OIL COMPANY,

Appellant

v.

ANADARKO E& P ONSHORE LLC fka

ANADARKO E&P COMPANY, LP,

Appellee

APPELLANT’S FIRST UNOPPOSED

MOTION FOR EXTENSION OF TIME T O FILE BRIEF

TO THE HONORABLE FOURTH COURT OF APPEALS:

Appell ant Lightning Oil Company asks the Court to extend the time

for filing her brief to and including Ma rch 2, 2015 , and in support of this

motion shows:

Date of Judgment, Number and Style of Case

1. This is an appeal from a final judgment signed on December 8, 2014

,

by the Honorable Amado J. Abascal III

, 365 th Judicial District Court,

Dimmit County, Texas, in Cause No. 14

- 01

- 12171

- DCVAJA , styled

Lightn ing Oil Company v. Anadarko E&P Onshore LLC fka Anadarko E&P ACCEPTED

04-14-00903-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

2/19/2015 3:07:42 PM

KEITH HOTTLE

CLERK2 Company, LP

, assigned to the 365 th Judicia l District Court, Dimmit

County, Texas.

Perfection of Appeal

2. Appellant Lightning Oil Comp any filed its notice of appeal with

this Court on December 22, 2014

.

Record

3. The clerk ’ s record was filed with this Court on January 8, 2015,

and the reporter’s record was filed with this Court on January 20, 2015

.

The supplemental clerk’s record was filed on February 17 , 201 5

.

Current Deadline

4. Appellant ’ s brief is currently due on February 19, 20 14

.

Length of Extension Sought

5. Appell ant requests a n 1 1

- day extension to March 2, 2 0 1 5

.

Facts Reasonably Explaining Need for Extension

The undersigned attorney has the responsibility for preparing

Appell ant ’s brief. During the last thirty (3 0) days, the undersigned attorney

has been involved in the following which have hampered his ability to

prepare Appellant ’ s Brief, as follows:

• Prepare for and a ttend a two

- week jury trial in Val Verde County,

Texas, in cause number 29842, Knighthawk, LLC, Series G v. B&P

Development, LLC and Chad H. Foster , Jr., 83 rd Judicial District3 Court, Val Verde County, Texas ;

• Prepare for and attend a full

- day mediation in Cause No. 2013

- CI

20345; Rocky Creek Partners, LLC v. Swinerton Builders , 407 th

Judicial District Court, Bexar County, Texas ; and

• Prepare post

- judgment motions in cause number 29842,

Knighthawk, LLC, Series G v. B&P Development, LLC and Chad H.

Foster , Jr., 83 rd Judicial District Court, Val Verde County, Texas

.

6. In addition, the Dimmit County District Clerk inadvertently

omitted t he exhibits to Appellant ’ s trial court motion for summary

judgment and reply to motion for summary judgment as part of the Clerk ’ s

Record filed with this Court on January 8, 2015. A portion of t hese exhibits

were filed but have not been made available to Appellant to complete the

record citations in its brief by February 19, 2015. In addition, Appellant ’ s

reply to motion for summary judgment and its exhibits have not been filed

as of the date of this motion for extension.

First Request for Extension

7. Appell ant has neither requested nor received any previous

extensions. This is the first request for an extension of time to file

Appell ant ’ s brief.4 Request for Relief

8. For all these reasons, Appell ant Lightning Oil Company

respectfully asks this Court to grant this motion and to extend the date for

filing its brief for a period of 10 days, to Ma rch 2, 2015

.

Respectfully submitted,

LANGLEY & BANACK, INC.

/s/Bruce K. Spindler

BRUCE K. SPINDLER

State Bar No. 18947050

Email: bspindler@langleybanack.com

JOHN W. PETRY

State Bar No. 15854000

Email: jpetry@langleybanack.com

STEPHEN J. AHL

State Bar No. 240 54915

Email: sahl@langleybanack.com

ROBINSON C. RAMSEY

Bar Card No. 16523700

Email: rramsey@langleybanack.com

LANGLEY & BANACK, INC.

Trinity Plaza II, Suite 900

745 East Mulberry Avenue

San Antonio, Texas 78212

Telephone: (210) 736

- 6600

Telecopier: (210) 735

- 6889

ATTORNEYS FOR APPELLANT

LIGHTNING OIL COMPANY5 CERTIFICATE OF CONFERENCE

Appell ant ’ s attorney has conferred with Appell ee ’ s counsel

, Shayne

Moses , who does not oppose this motion.

/s/ Stephen J. Ahl

STEPHEN J. AHL

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing document has

been sent by E

- service on this 19 th day of February , 201 5 to:

David Palmer

Email: dpalmer@mph

- law.com

Shayne Moses

Email: smoses@mph

- law.com

Timothy D. Howell

Email: thowell@mph

- law.com

M OSES

, P ALMER & H OWELL

, LLP

309 W. 7th Street, Suite 815

Fort Worth, TX 76102

Telephone: 817.255.9100

Telecopier: 817.255.9199

Donato D. Ramos

L AW O FFICES OF D ONATO D. R AMOS

, LLP

6721 McPherson Road

P. O. Box 452009

Lare do, Texas 78045

Email: donatoramosjr@ddrlex.com

Telephone: 956.722.9909

Telecopier: 956.727

- 5884

/s/Bruce K. Spindler

BRUCE SPINDLER