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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 TO FILE BRIEF

TO THE HONORABLE FOURTH COURT OF APPEALS:

Appellant Lightning Oil Company asks the Court to extend the time 

for filing her brief to and including March 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, 365th Judicial District Court, 

Dimmit County, Texas, in Cause No. 14-01-12171-DCVAJA, styled 

Lightning 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

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 2/19/2015 3:07:42 PM KEITH E. HOTTLE Clerk
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Company, LP, assigned to the 365th Judicial District Court, Dimmit 

County, Texas.

Perfection of Appeal

2. Appellant Lightning Oil Company 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, 2015.

Current Deadline

4. Appellant’s brief is currently due on February 19, 2014.

Length of Extension Sought

5. Appellant requests an 11-day extension to March 2, 2015.

Facts Reasonably Explaining Need for Extension

The undersigned attorney has the responsibility for preparing 

Appellant’s brief. During the last thirty (30) 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 attend 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., 83rd Judicial District 
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Court, Val Verde County, Texas;

• Prepare for and attend a full-day mediation in Cause No. 2013-CI20345; Rocky Creek Partners, LLC v. Swinerton Builders, 407th

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

6. In addition, the Dimmit County District Clerk inadvertently 

omitted the 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 these 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. Appellant has neither requested nor received any previous 

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

Appellant’s brief.
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Request for Relief

8. For all these reasons, Appellant 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 March 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. 24054915

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 COMPANY
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CERTIFICATE OF CONFERENCE

Appellant’s attorney has conferred with Appellee’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 19th day of February, 2015 to:

David Palmer

Email: dpalmer@mph-law.com

Shayne Moses

Email: smoses@mph-law.com

Timothy D. Howell

Email: thowell@mph-law.com

MOSES, PALMER & HOWELL, LLP

309 W. 7th Street, Suite 815

Fort Worth, TX 76102

Telephone: 817.255.9100

Telecopier: 817.255.9199

Donato D. Ramos

LAW OFFICES OF DONATO D. RAMOS, LLP

6721 McPherson Road

P. O. Box 452009

Laredo, Texas 78045

Email: donatoramosjr@ddrlex.com

Telephone: 956.722.9909

Telecopier: 956.727-5884

/s/Bruce K. Spindler

BRUCE SPINDLER