ACCEPTED 04-14-00899-cv FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 6/11/2015 3:25:37 PM KEITH HOTTLE CLERK

04-14-00899-CV In the Fourth Court of Appeals SITTING AT SAN ANTONIO LETICIA ZEPEDA VASQUEZ, Individually and on Behalf of the Estate of Jose Abraham Vasquez, Jr., Appellants, v. LEGEND NATURAL GAS III, LP; LEGEND NATURAL GAS, LLC; LEWIS ENERGY GROUP, LP; LEWIS PETRO PROPERTIES, INC.; ROSETTA RESOURCES OPERATING, LP; VIRTEX HOLDINGS, LLP; VIRTEX OPERATING CO., INC.; ENTERPRISE PRODUCTS HOLDINGS, LLC; ENTERPRISE PRODUCTS COMPANY; and XTO ENERGY, INC., Appellees Appealed From the 81st District Court La Salle County, Texas Trial Court Cause No. 14-07-0019-CVL APPELLANTS’ UNOPPOSED FIRST MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF A. Introduction 1. Appellants are Leticia Zepeda Vasquez, individually and on behalf of the Estate of Jose Abraham Vasquez; appellees are Legend Natural Gas III, LP; Legend Natural Gas, LLC; Lewis Energy Group, LP; Lewis Petro Properties, Inc.; Rosetta Resources Operating, LP; Virtex Holdings, LLP; Virtex Operating Co., Inc.; Enterprise Products Holdings, LLC; Enterprise Products Company; and XTO Energy, Inc. 2. This is an appeal from the trial court’s January 5, 2015, final order granting all defendants’ motions to dismiss pursuant to TEX. R. CIV. P. 91a.

B. Argument and Authorities 3. If a motion for extension complies with Rule 10.5(b), the Court has authority to extend the time for a party to file a brief. TEX. R. APP. P. 38.6(d). The motion can be filed “before or after the date the brief is due.”

Id. 4. This motion complies with TEX. R. APP. P. 10.5(b).

5. Appellants’ reply brief was due on or before June 10, 2015.

6. No prior motions have been granted to extend the time to file appellants’ reply brief.

7. Appellants request an additional 30 days to file their reply brief, extending the deadline to July 10, 2015.

8. To be entitled to an extension, appellants must state facts that reasonably explain the need for an extension. TEX. R. APP. P. 10.5(b)(1)(C). A “reasonable explanation” is “any plausible statement of circumstances” indicating the need for additional time. Cf. Hone v. Hanafin, 104 S.W.3d 884, 886 (Tex. 2003). Appellants need additional Vasquez v. Rosetta Resources Operating, LP Appellants’ First Motion for Extension of Time to File Reply Brief time to prepare and file their brief because appellants’ counsel has been engaged as lead counsel in the following urgent, important, or unforeseeable matters that preempted completion of appellants’ reply brief by the deadline set by the Court. Specifically— (i) On May 6-7, 2015, appellants’ counsel prepared and argued post-verdict briefing on entry of judgment in Cause No. 2011- 01266; Rademacher v. Callegari Equine Technologies, LLC; in the 11th District Court of Harris County, Texas; (ii) Between May 13, 2015, and May 18, 2015, appellants’ counsel researched and drafted appellants’ amended opening brief in Cause No. 01-14-01025-CV; Lahijani v. Mega Shipping, LLP; In the First Court of Appeals; (iii) Between May 15, 2015, and June 1, 2015, appellants’ counsel researched and drafted appellant Sheryl Johnson-Todd’s opening brief in the accelerated interlocutory appeal in Cause No. 09-15-00210-CV; Johnson-Todd v. Morgan II; In the Ninth Court of Appeals sitting at Beaumont, Texas. (iv) Between May 26, 2015, and June 10, 2015, appellants’ counsel prepared materials and briefing necessary to retain associate counsel to file a petition for writ of certiorari in the U.S. Supreme Court seeking review of In re Ritz, 2015 U.S. App. Lexis 8584 (5th Cir. May 22, 2015); and (v) On June 9-10, 2015, appellants’ counsel researched and drafted plaintiff’s response in opposition to defendant’s motion to transfer venue in Greene v. Jaguar Fuels, LLC; in the 270th District Court of Harris County, Texas; including preparing plaintiff’s affidavit swearing to venue facts and accompanying exhibits.

For these reasons, appellants’ counsel was unable to complete appellants’ reply brief in the instant cause or file a motion for extension of time before the June 10, 2015, deadline.

Vasquez v. Rosetta Resources Operating, LP Appellants’ First Motion for Extension of Time to File Reply Brief C. Prayer 9. For these reasons, appellants ask the Court to extend the time for filing appellee’s reply brief for 30 days from June 10, 2015, until July 10, 2015. Appellants pray the court for such other and further relief, at law or in equity, as to which they shall show themselves justly entitled.

Respectfully submitted,

By: /s/ Jeffrey L. Dorrell .

Jeffrey L. Dorrell State Bar No. 00787386 [email protected] 11767 Katy Freeway, Suite 850 Houston, Texas 77079 Telephone: 713-522-9444 FAX: 713-524-2580 ATTORNEYS FOR APPELLANTS

Vasquez v. Rosetta Resources Operating, LP Appellants’ First Motion for Extension of Time to File Reply Brief CERTIFICATE OF CONFERENCE I hereby certify that on June 10, 2015, pursuant to TEX. R. APP. P. 10.1(a)(5), I asked each appellee to advise only if it OPPOSED appellant’s motion for an extension of days to file appellant’s reply brief. Appellees’ counsel responded as indicated: Counsel for appellee ROSETTA RESOURCES OPERATING, LP: . . Advised that appellee was OPPOSED Advised that appellee was NOT opposed . X Did not respond Counsel for appellees LEWIS ENERGY GROUP, LP, and LEWIS PETRO PROPERTIES, INC: . . Advised that appellee was OPPOSED Advised that appellee was NOT opposed . X Did not respond Counsel for appellees VIRTEX OPERATING CO., INC., and VIRTEX HOLDINGS, LLP: . . Advised that appellee was OPPOSED . X Advised that appellee was NOT opposed . Did not respond Counsel for appellees LEGEND NATURAL GAS III, LP, and LEGEND NATURAL GAS, LLC: . . Advised that appellee was OPPOSED Advised that appellee was NOT opposed . X Did not respond Counsel for appellees ENTERPRISE PRODUCTS HOLDINGS, LLC, and ENTERPRISE PRODUCTS CO: . . Advised that appellee was OPPOSED . X Advised that appellee was NOT OPPOSED to an extension of up to 30 days . Did not respond Counsel for appellee XTO ENERGY, INC: . . Advised that appellee was OPPOSED Advised that appellee was NOT opposed . X Did not respond

/s/ Jeffrey L. Dorrell JEFFREY L. DORRELL Vasquez v. Rosetta Resources Operating, LP Appellants’ First Motion for Extension of Time to File Reply Brief CERTIFICATE OF SERVICE I hereby certify that on 6-11 , 2015, a true and correct copy of the foregoing was sent by: Hand delivery Certified mail Telephonic document transfer X E-service in accordance with TEX. R. APP. P. 9.5(b) in accordance with TEX. R. APP. P. 9.5(c) to the following counsel of record: Mr. William A. Abernethy Donnell, Abernethy & Kieschnick, P.C.

555 N. Carancahua, Suite 1770 Corpus Christi, Texas 78401 Telephone: 361-888-5551 FAX: 361-880-5618 COUNSEL FOR DEFENDANT ROSETTA RESOURCES OPERATING, LP.

Mr. David L. Ortega Naman Howell Smith & Lee, PLLC 1001 Reunion Place, Suite 600 San Antonio, Texas 78216 Telephone: 210-731-6300 FAX: 210-785-2953 COUNSEL FOR DEFENDANTS LEWIS ENERGY GROUP, LP, and LEWIS PETRO PROPERTIES, INC. Mr. Christopher Lowrance Royston, Rayzor, Vickery & Williams, L.L.P. Carancahua, Suite 1300 Corpus Christi, Texas 78401 Telephone: 361-884-8808 FAX: 361-884-7261 COUNSEL FOR DEFENDANTS VIRTEX OPERATING CO., INC., and VIRTEX HOLDINGS, LLP

Vasquez v. Rosetta Resources Operating, LP Appellants’ First Motion for Extension of Time to File Reply Brief Mr. Isaac J. Huron Davis, Cedillo & Mendoza, Inc. McCombs Plaza, Suite 500 E. Mulberry Avenue San Antonio, Texas 78213 Telephone: 210-822-6666 FAX: 210-822-1151 COUNSEL FOR DEFENDANTS LEGEND NATURAL GAS III, LP, and LEGEND NATURAL GAS, LLC Mr. E. Michael Rodriguez Atlas, Hall & Rodriguez, L.L.P. P.O. Box 6369 (78523-6369) W. Morrison Road, Suite A Brownsville, Texas 78520 Telephone: 956-574-9333 FAX: 956-574-9337 COUNSEL FOR DEFENDANTS ENTERPRISE PRODUCTS HOLDINGS, LLC, and ENTERPRISE PRODUCTS CO. Mr. Jose E. Garcia Garcia & Villareal 4311 N. McColl Road McAllen, Texas 78504 Telephone: 956-630-0081 FAX: 956-630-3631 COUNSEL FOR DEFENDANT XTO ENERGY, INC.

/s/ Jeffrey L. Dorrell JEFFREY L. DORRELL

Vasquez v. Rosetta Resources Operating, LP Appellants’ First Motion for Extension of Time to File Reply Brief