ACCEPTED 06-16-00034-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 7/5/2016 1:54:48 PM DEBBIE AUTREY CLERK

No. 6-16-0034-CV FILED IN 6th COURT OF APPEALS In the Sixth Court of Appeals TEXARKANA, TEXAS Texarkana, Texas 7/5/2016 1:54:48 PM DEBBIE AUTREY Clerk Wayne E. Freeman, et al Appellants, v. Harleton Oil & Gas, Inc., Appellee. _____________________________ Unopposed Motion to Extend Harleton’s Briefing Deadline _________________________ To the Honorable Court of Appeals: Cross-Appellant, Harleton Oil & Gas, Inc., asks the Court to extend its briefing deadline by 30 days, to and including August 10, 2016.

1.

Information Required By Rule 10.5, Tex. R. App. P. The following information supports this request. (i) Cross-Appellant’s brief is currently due July 11, 2016. (ii) Cross-Appellant requests an extension of 30 days for filing its brief, to and including Wednesday, August 10, 2016.

(iii) This unopposed motion is Cross-Appellant’s first motion to extend its briefing deadline.

2.

Facts Explaining the Need to Extend the Briefing Deadline All parties are filing briefs as appellants. The Freeman Appellants and the Buffco Appellants have been granted 30-day extensions of their briefing deadlines. Chesapeake Louisiana has today filed a motion requesting a similar extension. Harleton desires to file its cross-appellant’s brief simultaneous with the other parties’ appellant’s briefs. The requested extension will allow it to do so. Additionally, counsel will be unable to complete the referenced brief and secure the necessary co-counsel and client approval by the current deadline, due in part to the following commitments of Greg Smith, who is primarily responsible for drafting the brief: (a) No. 01-15-0005-3754, In the Matter of the Arbitration Between: Maria Del Rosario Lopez, et al. v. Pilgrim’s Pride Corporation, in the American Arbitration Association (pre-arbitration preparations); and (b) No. 1329055, Toledo v. K & B Transportation, in the 145th District Court, Nacogdoches County, Texas; (post-trial briefing and motions).

3.

This motion is not sought solely for delay, but in the interest of justice and to ensure a quality response that aids the Court’s decisional process.

4.

Conference Counsel for all other parties state that this motion is not opposed.

5.

Conclusion and Prayer Cross-Appellant Harleton Oil & Gas, Inc. prays that the Court would extend the deadline for filing its brief by 30 days, to and including Wednesday, August 10, 2016.

Respectfully submitted,

____________________________ GREG SMITH State Bar No. 18600600 RAMEY & FLOCK, P.C.

100 East Ferguson, Suite 500 Tyler, Texas 75702 Telephone: (903) 597-3301 Facsimile: (903) 597-2413 Email: [email protected]

BRENT HOWARD State Bar No. 10062600 HOWARD & DAVIS, P.C.

100 E. Ferguson, Suite 1200 Tyler, Texas 75702 Telephone: (903) 533-9997 Facsimile: (903) 533-0260 [email protected] ATTORNEYS FOR CROSS- APPELLANT HARLETON OIL & GAS, INC. Certificate of Service The undersigned certifies that the foregoing document was filed electronically in compliance with Texas Rules of Appellate Procedure. As such, this notice was served on all counsel, who are deemed to have consented to electronic service, on this the 5th day of July, 2016.

____________________________ GREG SMITH