Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/28/2015 9:27:23 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00108-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/28/2015 9:27:23 AM CHRISTOPHER PRINE CLERK No. 01-15-00108-CV ________________________________________________ IN THE COURT OF APPEALS FIRST DISTRICT OF TEXAS HOUSTON, TEXAS _________________________________________________ Premium Valve Services, LLC Appellant
v. Comstock Oil & Gas, LP, Comstock Oil & Gas- Louisiana, LLC and Certain Underwriters Appellees
On Appeal from the 270 th Judicial District Court Harris County, Texas ____________________________________ AGREED MOTION TO EXTEND TIME TO FILE APPELLANT’S BRIEF ______________________________________________________
Appellant, Premium Valve Services, LLC (“PVS”) files this Agreed Motion
to Extend Time to File Appellant’s Brief, and would show the Court as follows:
1. The parties have agreed to this motion.
2. The Court has authority under Texas Rule of Appellate Procedure 38.6(d) to
extend the time to file a brief.
3. The Clerk’s Record was filed in this Court on April 29, 2015. The
Reporter’s Record was filed on February 6, 2015. PVS’s Brief of Appellant is due
on May 29, 2015. There have been no prior motions or requests to extend the time
to file Appellant’s Brief.
4. This is an appeal from a jury trial in an oil well blow-out case involving
property damages, resulting in a judgment in favor Appellees for actual damages of
$12,700,000. Trial lasted eight days, and included over 13,000 pages of exhibits
and photographs, as well as testimony from nineteen witnesses including four
retained experts. The factual and technical issues in the case were detailed and
complex. Counsel for PVS has worked diligently on preparation of the brief, but
has been required to travel extensively in connection with discovery in other
matters during the past month, and is set for pretrial on May 26, and trial on June 1
in another matter in Austin, Texas.
5. PVS respectfully requests an additional 30 days to finalize and file its brief,
extending the time up to and including June 29, 2015.
6. This motion is not sought for delay, but that justice may be done.
For these reasons. PVS respectfully asks the Court to grant an extension of
time to file its brief up to and including June 29, 2015.
Respectfully submitted, /s/ H. Dwayne Newton __________________ __________ H. Dwayne Newton State Bar of Texas No. 14977200 dnewton@newton-lawyers.com N EWTON , J ONES & S PAETH 3405 Marquart Houston, TX 77027 Telephone: 713-493-7620 Facsimile: 713-493-7633 CERTIFICATE OF CONFERENCE As required by Texas Rule of Appellate Procedure 10.1(a)(5), I certify that I
conferred via email on May 28, 2015 with counsel for Appellees listed below and
she has agreed to the relief sought in this motion.
Julie M. Palmer
State Bar of Texas No. 08710800
jpalmer@grayreed.com
G RAY R EED & M C G RAW , PC
1300 Post Oak Blvd., Suite 2000
Houston, TX 77056
/s/ Cynthia L. Jones __________________ __________ Cynthia L. Jones State Bar of Texas No. 00852600 *4 CERTIFICATE OF SERVICE I certify that a true and correct copy of this Unopposed Motion to Extend
Time to File Appellant’s Brief was served on the following party via electronic
filing on May 28, 2015.
Julie M. Palmer
State Bar of Texas No. 08710800
jpalmer@grayreed.com
G RAY R EED & M C G RAW , PC
1300 Post Oak Blvd., Suite 2000
Houston, TX 77056
/s/ Cynthia L. Jones __________________ __________ Cynthia L. Jones State Bar of Texas No. 00852600