Case Information

*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 6/2/2015 11:29:59 AM CATHY S. LUSK Clerk *1 ACCEPTED 12-14-00034-cv TWELFTH COURT OF APPEALS TYLER, TEXAS 6/2/2015 11:29:59 AM CATHY LUSK CLERK No. 12-14-00034-CV In the Twelfth Court of Appeals John Allen and Angela Allen Appellants, v.

Enbridge G & P (East Texas) L.P. Appellee. Appellants’ Unopposed Motion to Reschedule Oral Argument

TO THE HONORABLE COURT OF APPEALS:

Appellants John and Angela Allen ask the Court to reschedule oral

argument in this case from June 16, 2015, because the Allens’ lead counsel, Karl

Hoppess, will be out of the country from June 12, 2015 through June 20, 2015.

Appellants request that the Court reschedule argument for one of the

following dates: June 24, 25, 29, or 30; July 1-10, 15-17, or 27-31; August 3-7

or 31; September 1-4, 10-11, or 24-25; or October 1-9.

1. Appellee Enbridge G & P (East Texas) L.P. has advised that it does not

oppose this request .

2. Oral Argument in this case is currently scheduled for 8:30 a.m. on June

16, 2015 .

3. This is the Allens’ first request for postponement of argument.

However, Enbridge’s prior request for postponement was granted.

4. The following facts justify the relief requested :

The Allens’ lead counsel, Karl Hoppess, will be attending the American Bar

Association’s Magna Carta celebration on Runnymede Plain outside London from

June 12 until June 20, 2015.

5. The Allens respectfully request that the Court reset this case for oral

argument on a date after June 20, 2014, and not on the following dates, on which

the Allens’ counsel will be occupied on the following matters:

! June 22-23, 2015 – On June 23 at 9:00 a.m., Darrin Walker will be

attending the hearing on Defendants’ Traditional and No-Evidence

Motion for Summary Judgment and Defendant’s Motion for Partial

Summary Judgment on Plaintiff’s “Bad Faith Pooling” Claims in

Cause No. 11-03-21722-CV in the 25 District Court of Lavaca

County, Texas, styled Harvey Renger, Jr. et al. v. Crown Gas, L.P. et

al. This hearing will take place in Seguin, Texas, so Walker will have

to travel to Seguin on June 22. June 26, 2015 – On June 26 at 9:00 a.m., Darrin Walker will be

attending the pre-trial hearing in Cause No. 11-3019-B in the 114

District Court of Smith County, Texas, styled Brown-Eyed Girl, LLC

d/b/a Leigh Oliver’s et al. v. Truck Insurance Exchange et al.

! July 13-14, 2015 – Darrin Walker will be attending the trial in Cause

No. CC-13-05900-A in the County Court at Law No. 1 of Dallas

County, Texas, styled Lakeview Heights Addition Property Owner’s

Association et al. v. BCH Development, LLC et al.

! July 20-24 – Karl Hoppess will be attending the trial in Cause No.

CI049089 in the County Court of Law No. 2, Brazoria County, Texas,

styled Seaway Crude Pipeline Company, LLC v. Expre Realty, Ltd.

! August 10-14, 2015 – Karl Hoppess will be attending the trial in st

Cause No. 14-000569-CV-361 in the 361 District Court of Brazos

County, Texas, styled Curtis Capps v. The Known and Unknown

Heirs of Alex Scott, et al.

! August 17-21, 2015 – Darrin Walker will be attending the trial in

Cause No. 11,CV-31,555 in the District Court of Shelby County,

Texas, styled Connie Hooper v. XTO Energy, Inc.

! August 24-28, 2015 – Karl Hoppess will be attending the trial in

Cause No. 476 in the County Court at Law No. 2, of Brazos County,

Texas, styled The State of Texas v. Tracy Schieffer, et al. Also, at

9:00 a.m. on August 26, 2015 , Darrin Walker will be attending a pre-

trial hearing in Cause No. C1429967 in the 145 District Court of

Nacogdoches County, Texas, styled John Battles v. Bryan Adam

Bush et al. This will require Walker to travel to Nacogdoches on

August 25, 2015.

! September 8-9, 2015 – At 9:00 a.m. on September 9, 2015, Darrin

Walker will be attending the pre-trial hearing in Cause No. 11-03-

21722-CV in the 25 District Court of Lavaca County, Texas, styled

Harvey Renger, Jr. et al. v. Crown Gas, L.P. et al. This will require

Walker to travel to Lavaca County on September 8, 2015. September 14-23, 2015 – Darrin Walker will be attending the trial in

Cause No. 11-3019-B in the 114 District Court of Smith County,

Texas, styled Brown-Eyed Girl, LLC d/b/a Leigh Oliver’s et al. v.

Truck Insurance Exchange et al. Also, from September 14-17, 2015 ,

Karl Hoppess will be attending the trial in Cause No. 477 in the

County Court at Law No. 2, of Brazos County, Texas, styled The

State of Texas v. Tracy Schieffer, et al. This is a different case than

the one Hoppess will be trying August 24-28, 2015, which is

mentioned above. September 28-30, 2015 – Karl Hoppess will be attending the trial in

Cause No. 7529 in the County Court at Law, of Cherokee County,

Texas, styled Billie Ruth Goforth Stone and Jane Goforth Richards v.

Enbridge Pipelines (East Texas), L.P.

! October 13-23, 2015 – Darrin Walker will be attending the trial in

Cause No. 11-03-21722-CV in the 25 District Court of Lavaca

County, Texas, styled Harvey Renger, Jr. et al. v. Crown Gas, L.P. et

al.

6. This rescheduling is sought so that the merits might be presented in the most

helpful manner for the Court, and not for purposes of delay.

7. The facts stated in this motion are either within the Court’s knowledge in its

official capacity or within the personal knowledge of the undersigned counsel, so

no affidavit is required under Texas Rule of Appellate Procedure 10.2.

WHEREFORE, Appellants respectfully pray for the relief sought herein.

Respectfully submitted, KARL C. HOPPESS & ASSOCIATES, P.C. 8200 Wednesbury, Suite 420 Houston, Texas 77074 Ph.: (713) 651-9777 Fax: (713) 651-1620 kchoppess@swbell.net *5 By: /s/ Karl C. Hoppess Karl C. Hoppess State Bar No.: 09990000 L AW O FFICE OF D ARRIN W ALKER 6134 Riverchase Glen Dr. Kingwood, Texas 77345 (281) 358-2295 (telephone) (281) 358-5602 (facsimile) darrinwalker@embarqmail.com By: /s/ Darrin Walker Darrin Walker State Bar No.: 00788600 Counsel for Appellants Certificate of Conference I certify that on May 27, 2015, I conferred via with Appellee’s counsel

Hon. Julie Wright, and Ms. Wright kindly advised that Appellee is not opposed to

this motion.

/s/ Darrin Walker Darrin Walker Certificate of Service I hereby certify that the foregoing motion has been provided to counsel nd

listed below in the manner indicated on this 2 day of June, 2015.

c.c. Julie Wright via electronic delivery and

Attorney for Appellee email to jpw@flowersdavis.com

/s/ Darrin Walker Darrin Walker