Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 04/22/2015 2:43:41 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00807-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 4/22/2015 2:43:41 PM KEITH HOTTLE CLERK
No. 04-14-00807-CV IN THE COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT OF TEXAS SAN ANTONIO, TEXAS
BRAD AERY, ET AL.,
Appellants
V.
HOSKINS, INC., ET AL.,
Appellees. On Appeal from 36th District Court of McMullen County, Texas Trial Court Cause No. M-12 -0045-CV-A
UNOPPOSED MOTION OF APPELLEE JANE W. HOSKINS FOR EXTENSION OF TIME TO FILE APPELLEE BRIEF TO THE HONORABLE COURT OF APPEALS:
COMES NOW Appellee Jane W. Hoskins ("Hoskins"), in accord with Texas Rules of Appellate Procedure 2, 10.5(b) and 38.6(d), and respectfully moves this Court for
an unopposed extension of time to file his Appellee's Brief.
1. This appeal it taken from a judgment entered October 21, 2014, by the 36th Judicial
District Court of McMullen County, in Cause No. M-12-0045-CV-A, styled Brad Aery and
Randi Aery, et al. v. Hoskins, Inc., et al.
2. Appellant's Notice of Appeal was filed November 14, 2014. By order dated January 23,
2015, this Court deemed that the Clerk's record was filed.
3. Appellants' Brief was originally due to be filed on February 23, 2015. However,
Appellants sought and were granted an extension of thirty (30) days in which to file their Brief.
Appellants' brief was timely filed on March 20, 2015.
4. Hoskins respectfully requests an extension of thirty (30) days in which to prepare and file
his Appellee's brief, making the new deadline May 20, 2015.
5. undersigned counsel for Appellants conferred by email with Rosemarie Kanusky,
counsel of record for the House Appellants, and Dan Pozza, counsel of record for the Aery
Appellants, concerning the requested extension. No party is opposed.
6. Appellee Hoskins requires an extension of time to file his reply brief because he
was recently employed in this matter (after believing that other counsel would represent this
Appellee. Other Appellees have also filed unopposed motions for extension of time and this
Appellee adopts the rationale expressed therein.
7. This is Appellee's first request for an extension of time. This request is not sought
for delay, but in order that justice may be done, and in order that Appellee may examine and
consider the issues raised in Appellants' brief, and adequately address issues in this appeal.
WHEREFORE, PREMISES CONSIDERED, Appellee Jane W.. Hoskins respectfully requests that the Court grant this motion and extend the deadline to file his brief for thirty days to
May 20, 2015. Appellee further requests such other relief to which he may be justly entitled.
Respectfully submitted,
/s/ Benjamin F. Youngblood III ________________________________ Benjamin F. Youngblood III
State Bar No. 22213700
Benjamin F. Youngblood III, P.L.L.C.
8207 Callaghan Road, Suite 100 San Antonio, Texas 78230 Telephone: (210) 308-9829 Telefax: (210) 308-9854 Email: bfy@Prodigy.net
ATTORNEYS FOR APPELLEE, Jane W. Hoskins
CERTIFICATE OF SERVICE I hereby certify that the foregoing was served via e-service on this the 21st day of April, 2015, in compliance with the Texas Rules of Civil Procedure by serving the following counsel of
record:
Marc K. Whyte Ezra A. Johnson
whytemarc@gmail.com ejohnson@ufjblaw.com
WHYTE, PLLC Uhl, Fitzsimmons, Jewett & Burton PLLC 4040 Broadway, Ste 430
209 Tuttle
San Antonio, Texas 78209 Attorney for San Antonio, Texas 78209
Brad and Rand! Aery Attorneys for Blake C. Hoskins
Dan Pozza C. David Kinder
dpozzayahoo.com dkinder@coxsmith.com LAW OFFICE OF DAN POZZA Cox SMITH MATTHEWS
239 E. Commerce Street San INCORPORATED
Antonio, Texas 78205 112 E. Pecan Street, Suite 1800
Attorney for Brad and Rand! Aery San Antonio, Texas 78205
Attorneys for Hoskins, Inc., Melanie Hessler Phipps C. Clifton Hoskins and Trudy Ann Day
mphipps@kplegal.com Kustoff & Phipps, LLP Michael C. Sartori
4103 Parkdale St. michael@msartori.com
San Antonio, Texas 78229 Attorney for P.O. Box 1222
Brad and Rand! Aery George West, Texas 78022
Attorney for Hazel Q. Hoskins Matthew F. Wymer mwymerbmpllp.com
BEIRNE, MAYNARD & PARSONS, Conner R. Jackson
LLP cjackson@hfdlaw.com R.
112 East Pecan Street, Suite 2750 San Clay Hoblit
Antonio, Texas 78205 Attorney for choblit@hfdlaw.com
Brad and Rand! Aery HOBLIT FERGUSON DARLING, LLP
802 North Carancahua Corpus Christi, Texas 78401 Attorneys for Aurora Resources *5 Rosemary Kanusky Peter E. Hosey
rosemaiieknuskynortonmseJhllbrightcom John phoseyjw.corn
W. Weber, Jr. Julia W. Mann
john.weber@nortonrosefulbrigth.com Jeffrey jmann@jw.com
A. Webb jeff.webb@nortonrosefulbrigth.com JACKSON WALKER L.L.P.
NORTON ROSE FULBRIGHT US L.L.P. 112 E. Pecan Street, Suite 2400
300 Convent Street, Suite 2100 San Antonio, San Antonio, Texas 78205
Texas 78205-3792 Attorneys for James House Attorneys for Lee Ann Kulka, Lee Roy
Family Hoskins, III and Andrea Jurica
Jason A. Newman David L. Ylitalo
Jason.newman@bakerbotts.com Meghan
Dawson McElvy dylitalo(coatsrose . corn
Meghan.mcelvyrrubakerbotts. corn Coats Rose, A P.C.
BAKER BOTTS L.L.P 1020 Northeast Loop 410, Suite 800 San
One Shell Plaza Antonio, Texas 78209 Attorneys for Leonard Hoskins
910 Louisiana Street Houston, Texas 77002
Attorneys for Texoz E&P I, Inc.
Bruce D. Oakley David W. Navarro Bruce.oakley,hoganlovells .com Robert L. Pillow Robert.pillowhoganlovells . corn
dnavarro@hsfblaw.com
Hogan Lovells US LLP Brendon C. Holm 700 Louisiana Street, Suite 4300 Houston,
bholm@hsfblaw.com
The Quarry Heights Building Texas 77002
73 73 Broadway, Suite 300 San Attorneys for Armadillo E&P, Inc., Sea
Antonio, TX 78209 Attorneys for Eagle Ford, LLC, and Sundance Energy, Inc.
Brent C. Hoskins