Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 12/4/2015 11:41:01 AM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-15-00677-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 12/4/2015 11:41:01 AM KEITH HOTTLE CLERK NO. 04-15-00677-CV * * * IN THE COURT OF APPEALS FOURTH DISTRICT OF TEXAS SAN ANTONIO, TEXAS * * * HELEN A. MZYK, KARNES S4 MINERALS, L.P., AND KARNES S4 MANAGEMENT, L.L.C., Appellants V.
MURPHY EXPLORATION & PRODUCTION COMPANY—USA,
Appellee * * * A PPELLANTS ’ U NOPPOSED M OTION TO E XTEND D EADLINE FOR R ESPONSE TO S HOW -C AUSE O RDER T O THE H ONORABLE J USTICES OF THE C OURT OF A PPEALS :
Appellants, Helen A. Mzyk, Karnes S4 Minerals, L.P. and Karnes S4
Management, L.L.C. (“Mzyk”), respectfully present this Unopposed Motion to
Extend Deadline for Response to Show-Cause Order. Mzyk requests the Court to
extend their deadline for filing a response by 13 days, from December 17 to
December 30, 2015, for the following reasons:
I.
On December 2, 2015, the Court issued its Order requiring Mzyk to show
cause why this appeal should not be dismissed for want of jurisdiction. The Court
ordered Mzyk to file their response to the show-cause order by December 17,
2015.
II.
I am lead appellate counsel for Mzyk. I will be solely responsible for
preparing Mzyk’s response to the show-cause order. However, I am currently out
of the county and will not return to the USA until December 21, 2015. [Please see
accompanying letter filed on August 31, 2015 in No. 04-14-00905-CV; Escondido
Resources II, LLC v. Justapor Ranch Company, L.C. ].
III.
I believe I can explain, to the Court’s satisfaction, that all issues and parties
have been finally resolved in this case and, therefore, the Court has jurisdiction
over this appeal. Because I am out of the country, however, I lack access to much
of the research/support materials needed to prepare a response that will succinctly
address the jurisdictional issue raised by the Court. In addition, in the days
immediately following my return to the USA, we have the Christmas holidays and
I’ve already informed my one-person staff (office
manager/paralegal/secretary/proofreader) that she has off from December 22
through December 27, and she has made plans with her family. Consequently, she
will be largely unavailable to assist with the response to the Court’s show-cause
order until December 28, 2015.
IV.
This Motion is unopposed. I contacted counsel for Appellee who has
advised me that Appellee does not oppose this requested extension.
Prayer Appellants, Helen A. Mzyk, Karnes S4 Minerals, L.P. and Karnes S4
Management, L.L.C., respectfully request the Court to grant this Motion in its
entirety; extend Appellants’ deadline for filing a response to the Court’s show-
cause order by 13 days, from December 17 to December 30, 2015; and award them
such other and further relief to which they are just entitled.
Respectfully submitted, David P. Strolle, Jr. Granstaff, Gaedke & Edgmon, P.C. 5535 Fredericksburg Road, Suite 110 San Antonio, Texas 78229 Telephone: (210) 348-6600, Ext. 203 Facsimile: (210) 366-0892 Email: dstrolle@caglaw.net Timothy Patton, P.C. 14546 Brook Hollow Blvd. #279 San Antonio, Texas 78232 Telephone: (210) 832-0070 Facsimile: (210) 579-1665 *4 Email: tpatton@tp-pc.com By: /s/ Timothy Patton Timothy Patton A TTORNEYS FOR A PPELLANTS Certificate of Service I hereby certify that on December 4, 2015, I electronically filed the
foregoing Appellants’ Unopposed Motion to Extend Deadline for Response to
Show-Cause Order with the Clerk of the Court using the CM/ECF system which
will send notification of such filing to the following counsel of record for
Appellee, Murphy Exploration & Production Company—USA:
Baker Botts LLP
One Shell Plaza
910 Louisiana
Houston, Texas 77002-4995
Telephone: (713) 229-1720
Facsimile: (713) 229-1721
Email: Macey.Stokes@bakerbotts.com
Email: jason.newman@bakerbotts.com
Email: justin.lipe@bakerbotts.com
Email: meghan.mcelvy@bakerbotts.com
/s/ Timothy Patton Timothy Patton *5 ACCEPTED 04-14-00905-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/31/2015 1:57:06 PM KEITH HOTTLE Timothy Patton, P.C. CLERK ATTORNEY AT LAW 14546 BROOK HOLLOW #279 Board Certified SAN ANTONIO, TEXAS 78232 Civil Appellate Law August 31, 2015 TELEPHONE: (210) 832-0070 Texas Board of FACSIMILE: (210) 579-1665 Legal Specialization
Via E-File
Mr. Keith E. Hottle
Clerk, Fourth Court of Appeals
300 Dolorosa, Suite 3200
San Antonio, Texas 78205
Re: No. 04-14-00905-CV
Escondido Resources II, LLC v.
Justapor Ranch Company, L.C.
Dear Mr. Hottle:
I am lead appellate counsel for the Appellee, Justapor Ranch Company, L.C., in the
above-referenced appeal.
According to the Court’s online records, this appeal is ready to be set for
submission.
I would appreciate it if you would advise the Court that I will be out of the country
from November 13 through December 21, 2015. This is a long-planned trip involving
principally business matters (where I don’t control scheduling) and some vacation. I
cannot cancel this trip without risking potentially adverse business consequences and
incurring significant financial penalties.
If the Court determines that this appeal is appropriate for oral submission, I would
very much appreciate oral argument not being scheduled during the above dates or
immediately after the return date.
Thank you for your assistance.
Respectfully submitted, /s/ Timothy Patton Timothy Patton tpatton@tp-pc.com *6 Mr. Keith E. Hottle.
Page 2
August 31, 2015
cc: Mr. James P. Keenan (via e-service)
cc: Mr. J. Robin Lindley (via e-service)
cc: Mr. Robert Dubose (via e-service)
cc: Mr. Wallace B. Jefferson (via e-service)
cc: Ms. Rachel A. Ekery (via e-service)
cc: Ms. Kirsten Castaneda (via e-service)