Case Information

*1 No. 03-15-00446-CV

IN THE THIRD COURT OF APPEALS

ST 3rd COURT OF APPEALS AUSTIN, TEXAS

10/12/2015 3:46:24 PM JEFFREY D. KYLE Clerk

AT AUSTIN

BAXTER OIL SERVICE, LTD. Appellant v.

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, Appellee.

Appeal from the 345th Judicial District Court, Travis County, Texas

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLEE'S RESPONSE BRIEF

TO THE HONORABLE COURT OF APPEALS:

Pursuant to Rules 10.5(b)(1) and 38.6(d), Appellee the Texas Commission on Environmental Quality files this first unopposed motion for an extension of time and respectfully requests a 29-day extension, until and through November 13, 2015, to file its Response Brief.

The current deadline for filing Appellee's Response Brief is

*2 Thursday, October 15, 2015. 2. Appellee requests a 29-day extension, until November 13, 2015. 3. No previous extensions have been granted for this brief. 4. Oral argument has not been set in this case. 5. An extension until November 13, 2015, is not opposed by Appellants. 6. This motion is requested because Assistant Attorneys General Thomas Edwards and Craig Pritzlaff have been occupied with multiple settlement negotiations, the lodging of settlement documents, and public notice and comment in In Re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL No. 2179, in the U.S. District Court for the Eastern District of Louisiana. 7. No trial date has been set in the trial court, and no scheduling order is in place in the trial court that would be impacted by an extension of time to consider this appeal.

PRAYER

For the reasons stated above, Appellee the Texas Commission on Environmental Quality prays that the Court grant a 29-day extension, until November 13, 2015, to file its Response Brief. Respectfully submitted this 12th day of October 2015. KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation PRISCILLA M. HUBENAK Chief, Environmental Protection Division /s/ Thomas H. Edwards THOMAS H. EDWARDS Assistant Attorney General Tex. Bar No. 06461800 Thomas.Edwards@TexasAttorney General.gov

*4 CRAIG J. PRITZLAFF Assistant Attorney General Tex. Bar No. 24046658 Craig.Pritzlaff@TexasAttorney General.gov LINDA SECORD Assistant Attorney General Tex. Bar No. 17973400 Linda.Secord@TexasAttorney General.gov Office of the Attorney General Environmental Protection Division P.O. Box 12548, Capitol Station

Austin, Texas 78711-2548 Tel: (512) 463-2012 Fax: (512) 320-0911 ATTORNEYS FOR APPELLEE, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

CERTIFICATE OF CONFERENCE

On October 12, 2015, the undersigned conferred with Leslie Sara Hyman, counsel for Appellants, and Ms. Hyman confirmed that this motion is not opposed. Is/ Thomas H. Edwards THOMAS H. EDWARDS

CERTIFICATE OF SERVICE

I, Thomas H. Edwards, do hereby certify that a true and correct copy of the foregoing document was served by electronic service and email on the following parties or attorneys of record on the 12th day of October, 2015.

Attorneys

Leslie Sara Hyman Pulman, Cappuccio, Pullen, BENSON &; JONES, LP 2161 NW Military Hwy., Ste. 400 San Antonio TX 78213 Telephone: (210) 222-9494 Facsimile: (210) 892-1610 lhyman@pulmanlaw.com

Parties

Baxter Oil Service, Ltd.

John R. Eldridge Haynes and Boone, L.L.P. 1221 McKinney St., Ste. 2100 Houston TX 77010-2020 Telephone: (713) 547-2000 Facsimile: (713) 547-2600 John.Eldridge@haynesboone.com

Adam H. Sencenbaugh HAYnES AND BOONE, L.L.P. 600 Congress Ave., Ste. 1300 Austin TX 78701-2579 Telephone: (512) 867-8489 Telecopier: (512) 867-8606 Adam.Sencenbaugh@ haynesboone.com

Janessa M. Glenn R. Steven Morton

Moltz Morton &; Glenn, LLP 5113 Southwest Pkwy, Ste. 120 Austin TX 78735-8969 jglenn@mmandg.com

John E. Leslie JOHN LESLIE | PLLC 1216 Florida Dr., Ste. 140 Arlington TX 76015-2393 Tel: (817) 505-1291 Arlingtonlaw@aol.com

Exxon Mobil Corporation, ExxonMobil Oil Corporation, Pennzoil-Quaker State Company and Shell Oil Company

"

*7 Cynthia J. Bishop C BishOP LaW PC P.O. Box 612994

Dallas TX 75261-2994 cbishop@cbishoplaw.com

Paul Craig Laird II Ashley &; LAIRD, L.C. 800 W. Airport Fwy., Ste. 880 Irving TX 75062-6274 pcl880@aim.com

George E. Kuehn Butzel Long 301 E. Liberty St., Ste 500 Ann Arbor MI 48104-2283 Tel: 734-213-3257 Fax: 734-995-1777 kuehn@butzel.com

Baxter Oil Service, Ltd.

Frank Kosar, d/b/a Rite Way Truck Rental

SBC Holdings, Inc., f/k/a The Stroh Brewery Company /s/ Thomas H. Edwards THOMAS H. EDWARDS