Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 03/12/2015 3:28:10 PM KEITH E. HOTTLE Clerk *1 ACCEPTED 04-14-00650-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 3/12/2015 3:28:10 PM KEITH HOTTLE CLERK CAUSE NO. 04-14-00650-CV IN THE COURT OF APPEALS FOR THE FOURTH DISTRICT OF TEXAS, SAN ANTONIO MICHAEL A. CERNY AND MYRA L. CERNY, INDIVIDUALLY
AND AS NEXT FRIEND OF CAMERON A. CERNY, A MINOR,
APPELLANTS V.
MARATHON OIL CORPORATION, MARATHON OIL EL, LLC AND
PLAINS EXPLORATION & PRODUCTION COMPANY,
APPELLEES APPEAL th from the 218 Judicial District Court of
Karnes County, Texas Trial Court No. 13-05-00118-CVK Honorable Stella Saxon, Judge Presiding APPELLANTS’ FIRST UNOPPOSED MOTION TO EXTEND TIME TO FILE APPELLANTS’ REPLY BRIEF
TO THE HONORABLE COURT OF APPEALS:
Now come Appellants, MICHAEL A. CERNY AND MYRA L. CERNY,
INDIVIDUALLY AND AS NEXT FRIEND OF CAMERON A. CERNY, A
MINOR, and make this First Unopposed Motion to Extend Time to File
Appellants’ Reply Brief pursuant to Texas Rule of Appellate Procedure 10.5(b)
and respectfully request a 21-day extension of time to file their Appellants’ Reply
Brief, and show the following: This appeal is from four separate orders signed August 14, 2014 by
the 218 Judicial District Court, Karnes County, Texas. Appellants’ Reply Brief is
currently due March 16, 2015.
2. The extension requested is required because Appellants’ undersigned
attorney, in addition to his regular practice, has been required to spend significant
time on the following matters, which has prevented him from being able to file the
Appellants’ Reply Brief by the existing deadline of March 16, 2015:
A. The death of an aunt, the funeral for whom was Friday, February 20,
2015, in Jacksonville, Texas. This required Appellants’ counsel to
drive approximately 7½ hours each way, and prevented Appellants’
counsel from working on Thursday, February 19, Friday, February 20
and Saturday, February 21.
B. The quarterly board meeting of the Texas ABOTA and CLE course in
New Orleans from February 26-28, 2015. Appellants’ attorney is
National Board Representative and Executive Committee Member of
Laredo ABOTA Chapter. This prevented Appellants’ counsel from
working from Wednesday, February 25 through Saturday, February
C. Appellants’ attorney’s primary practice is in Duval County, Texas, th
which is part of the 229 Judicial District, which includes Starr, Jim
Hogg and Duval Counties. All Duval County District Court hearings
are held during one docket week, which was the week of February 23,
2015. This prevented Appellants’ attorney from working on this case
Monday and Tuesday, February 23-24, 2015.
D. Appellants’ attorney filed a Reply to Response to Petition for Review
in Cause No. 14-0892, Texas Supreme Court, on March 2, 2015.
E. Appellants’ attorney was required to take Thursday, March 5, 2015,
off of work to travel to San Antonio to assist his mother with medical
issues.
F. Appellants’ undesigned attorney is set for jury trial in the 229
District Court, Duval County, Texas, in Cause No. 14-CRD-07, State
of Texas v. Joe William Meuret, Jr. The defendant is charged with a
Second Degree Felony, the case is first on the docket and will go to
trial.
G. In addition to the above, there has been the regular office practice of
Appellants’ attorney.
3. Appellants’ undersigned attorney has conferred with opposing
counsel, who indicated that there was no opposition to this request. Appellants request a 21-day extension of time to file their Appellants’
Reply Brief, from the current due date of March 16, 2015 to an extended due date
of April 6, 2015. A 30-day extension was granted to file Appellants’ Brief. No
prior extensions have been requested to file Appellants’ Reply Brief.
Wherefore, Appellants request an extension of 21 days to file their
Appellants’ Reply Brief.
Respectfully Submitted, David D. Towler, Attorney at Law P.O. Box 569 410 E. Collins San Diego, TX 78384 (361) 279-3368 - telephone (361) 279-2543 - telecopier Email: dtowler@dtowler.com By: /s/ David D. Towler David D. Towler State Bar No. 20155300 Attorney for Appellants *4 Certificate of Conference In accordance with Rule 10.1(a)(5), Texas Rules of Appellate Procedure, I
certify that I have conferred with James J. Ormiston, attorney for Plains
Exploration, Appellee, and Macey Stokes, attorney for Marathon Appellees, and
they are not opposed to this Motion.
/s/ David D. Towler David D. Towler Certificate of Service I certify that I have served a true and correct copy of the foregoing by the
following methods:
William K. Kroger, via eservice and email
Baker Botts L.L.P.
One Shell Plaza
910 Louisiana Street
Houston, TX 77002
Macey R. Stokes via eservice and email
Baker Botts L.L.P.
One Shell Plaza
910 Louisiana Street
Houston, TX 77002
James J. Ormiston, via eservice and email
Gray Reed & McGraw, P.C.
1300 Post Oak Blvd., Suite 2000
Houston, TX 77056
on this 12 day of March, 2015.
/s/ David D. Towler David D. Towler