ACCEPTED 01-15-00306-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 11/9/2015 5:14:06 PM CHRISTOPHER PRINE CLERK

No. 01-15-00306-CV FILED IN IN THE COURT OF APPEALS 1st COURT OF APPEALS HOUSTON, TEXAS FOR THE FIRST DISTRICT OF TEXAS 11/9/2015 5:14:06 PM AT HOUSTON CHRISTOPHER A. PRINE Clerk HERCULES OFFSHORE SERVICES, LLC AND HERCULES INTERNATIONAL ASSET COMPANY, LTD., Appellants, v. GEORGE TRUE TILLMAN, Appellee.

Appeal from the 127th District Court Harris County, Texas Trial Court Cause 2009-42367

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF OF APPELLEE TO THE HONORABLE COURT OF APPEALS: Appellee, George True Tillman, respectfully files this unopposed second motion for extension of time to file his brief of appellee.

1. The present deadline for filing the brief is November 13, 2015.

2. Appellee seeks a 30-day extension, until December 14, 2015, in which to file his brief.

3. This is Appellee’s second request for an extension of time to file his brief.

1861.001/569020 4. This motion is unopposed.

5. The following grounds provide “good cause” for extending the time to file the brief.

First, the parties are in the process of settling this litigation and anticipate that the settlement will be fully memorialized in the near future. Thus, the parties request a 30-day extension to permit them to conclude the settlement documents— at which time a joint motion to dismiss the appeal will be filed.

Second, lead counsel, Russell Post, has been and continues to be engaged in other litigation with imminent deadlines that will prevent him from completing the brief before the present deadline, including, but not limited to, the following:  Preparation for presentation of argument in No. 05-14-01148-CV; Greenwood Motor Lines, Inc., et al. v. Bobbie Bush; In the Fifth Court of Appeals. Oral argument occurred on October 20, 2015, in Dallas, Texas, and has been followed by post-submission briefing.

 Participation in trial in No. 2013-61098; Scott D. Martin and SKM Partnership, Ltd. v. Andrews Kurth LLP; In the 234th Judicial District Court of Harris County, Texas. The pretrial conference was held on October 8, and the trial began on October 20, 2015 and is expected to continue until November 9, 2015.

6. This motion is not filed for the purpose of delay, but to allow counsel adequate time to conclude the settlement discussions or, in the unlikely event that it proves to be necessary, to prepare the brief.

For these reasons, Appellee requests that this Court grant an extension of time to file his brief until December 14, 2015.

1861.001/569020 2 Respectfully submitted, BECK REDDEN LLP By: /s/ Russell S. Post Russell S. Post State Bar No. 00797258 [email protected] Chad Flores State Bar No. 24059759 [email protected] 1221 McKinney Street, Suite 4500 Houston, TX 77010-2010 (713) 951-3700 (713) 951-3720 (Fax) ARNOLD & ITKIN LLP Jason A. Itkin State Bar No. 24032461 [email protected] 6009 Memorial Drive Houston, TX 77007 (713) 222-3800 (713) 222-3850 (Fax) PIERCE CHAPMAN SKRABANEK BRUERA, PLLC Michael E. Pierce State Bar No. 24039117 [email protected] 3701 Kirby Drive, Suite 760 Houston, TX 77098 (832) 690-7000 (832) 575-4840 (Fax) ATTORNEYS FOR APPELLEE GEORGE TRUE TILLMAN

1861.001/569020 3 CERTIFICATE OF CONFERENCE I certify that my office conferred with Counsel for Appellant, and Appellant does not oppose the requested extension.

/s/ Russell S. Post Russell S. Post

CERTIFICATE OF SERVICE I certify that on November 9, 2015, a copy of the foregoing motion was served upon the following counsel of record in compliance with the Texas Rules of Appellate Procedure: Sean D. Jordan Juan C. Garcia SUTHERLAND ASBILL & BRENNAN LLP SUTHERLAND ASBILL & BRENNAN LLP Congress Ave., Suite 2000 1001 Fannin Street, Suite 3700 Austin, TX 78701 Houston, TX 77002 [email protected] [email protected] Attorneys for Hercules Defendants

/s/ Russell S. Post Russell S. Post

1861.001/569020 4