Case Information
*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 11/20/2015 8:45:31 AM PAM ESTES Clerk *1 ACCEPTED 12-15-00083-CV TWELFTH COURT OF APPEALS TYLER, TEXAS 11/20/2015 8:45:31 AM Pam Estes CLERK
No. 12-15-00083 In the Twelfth District Court of Appeals
Tyler, Texas ARRIZO O IL G AS NC ., Appellant,
v.
B ARROW -S HAVER R ESOURCES OMPANY ,
Appellee. On Appeal from the 7th Judicial District Court
Smith County, Texas
Cause No. 12-2565-A A PPELLANT ’ S U NOPPOSED HIRD M OTION FOR E XTENSION OF T IME
TO F ILE PPELLANT ’ S B RIEF
Appellant Carrizo Oil & Gas, Inc. (“Carrizo”) respectfully files this
Unopposed Third Motion for Extension of Time to File Appellant’s Brief. The
current deadline for filing Appellant’s Brief is November 23, 2015 . Appellant
requests a 30-day extension of time for a new deadline of December 23, 2015 .
The reasons for this request are as follows:
The reporter’s record in this case was filed on August 24, 2015, and it contains
36 volumes of transcripts and exhibits from a two-week jury trial. In reviewing the
Reporter’s Record, the undersigned noted that the questions and answers contained
in at least five excerpts from videotaped depositions that were played to the jury at
trial were not included in the Reporter’s Record, although the parties agree that the
portions of those depositions designated by Plaintiff were in fact presented to the
jury by video.
In addition, the Clerk’s Record contains 15 volumes of papers, and there are
several items that need to be corrected and supplemented in the Clerk’s Record.
Carrizo has been working with opposing counsel to prepare a stipulation and
excerpts of the written depositions that match the videos in order to complete the
Reporter’s Record. That process has taken some time due to the parties’ desire and
efforts to be accurate and precise about the video clips.
Carrizo is also filing a Request to Supplement the Clerk’s Record. Carrizo
respectfully submits that it would be beneficial to the Court and counsel to have a
complete and accurate appellate record to cite in Carrizo’s opening brief before that
brief is filed. The undersigned also wants to ensure that the clerk and court reporter
have sufficient time to supplement their respective records, taking into account the
intervening holidays.
This extension is not sought for the purposes of delay. Two prior unopposed
extensions have been granted for this deadline.
As set forth in the Certificate of Conference below, this motion for extension
of time is Unopposed.
For these reasons, Appellant requests that the Unopposed Third Motion for
Extension of Time be extended 30 days to December 23, 2015 .
Respectfully submitted, State Bar No. 08417650
mgreer@adjtlaw.com LEXANDER D UBOSE J EFFERSON & OWNSEND LLP
515 Congress Avenue, Suite 2350
Austin, Texas 78701-3562
Telephone: (512) 482-9300
John M. Zukowski
State Bar No. 22293400
jmz@zbsplaw.com
Pascal Paul Piazza
State Bar No. 15966850
ppp@zbsplaw.com
Z UKOWSKI , B RESENHAN , S INEX
P ETRY L.L.P.
1177 West Loop South, Suite 1100
Houston, Texas 77027
Facsimile: (713) 9639169
Charles H. Clark
State Bar No. 04274000
chc@charlesclarklaw.com HE L AW O FFICES OF C HARLES H. C LARK
604 West Woldert Street
Tyler, Texas 75702
ATTORNEYS FOR PPELLANT
C ARRIZO O IL G AS NC . ERTIFICATE OF ONFERENCE
I certify that on November 19, 2015, I conferred with Deborah Race, counsel
for Plaintiff-Appellee Barrow-Shaver Oil & Gas Resources Company, and she stated
that her client does not oppose the relief sought in this motion for extension of time.
*5 ERTIFICATE OF S ERVICE On November 20, 2015, I electronically filed this motion with the Clerk of the
Court using the eFile.TXCourts.gov electronic filing system, which will send
notification of such filing to the following (unless otherwise noted below).
Otis Carroll R. Clay Hoblit
ocarroll@icklaw.com choblit@hfdlaw.com
Deborah Race H OBLIT F ERGUSON D ARLING L.L.P.
drace@icklaw.com 2000 Frost Bank Plaza
Collin M. Maloney 802 Carancahua
emaloney@icklaw.com Corpus Christi, Texas 78401 RELAND ARROLL K ELLEY , P.C. Telephone: (361) 888-9392
6101 S. Broadway, Suite 500 Facsimile: (361) 888-9187
Tyler, Texas 75703
Counsel for Appellee
Barrow-Shaver Resources Company