ACCEPTED 08-22-00129-CV EIGHTH COURT OF APPEALS EL PASO, TEXAS 08-22-00129-CV 1/24/2023 2:57 PM ELIZABETH G. FLORES CLERK No. 08-22-00129-CV FILED IN IN THE EIGHTH COURT OF APPEALS 8th COURT OF APPEALS EL PASO, TEXAS EL PASO, TEXAS 1/24/2023 2:57:41 PM ELIZABETH G. FLORES Clerk DAVID W. CROMWELL, Appellant, V. ANADARKO E&P ONSHORE, LLC, Appellee.

On Appeal from the 143rd District Court of Loving County, Texas No. 18-10-923

UNOPPOSED SECOND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF OF APPELLANT

TO THE HONORABLE COURT OF APPEALS: Appellant, David W. Cromwell, hereby files this unopposed second motion for extension of time to file his reply brief of appellant.

1. The present deadline for filing the reply brief is January 25, 2023.

2. Appellant seeks an extension of time of three weeks, up to and including February 15, 2023, to file his reply brief. This Court has the authority under Tex. R. App. P. 38.6(d).

3. This is the second extension of time to file this reply brief.

4. The motion is unopposed.

5. Appellant seeks this extension of time because Joshua S. Smith, appellate counsel, has had a number of other deadlines in other pending matters that prevent him being able to complete the brief by the current deadline, including, but not limited to, the following matters: a. Preparation of brief of appellee in No. 22-20454; City of Pasadena, Texas v. Crown Castle Fiber LLC; in the United States Court of Appeals for the Fifth Circuit, filed January 23, 2023. This is an injunction appeal and the briefing required prompt and focused attention.

b. Preparation of response to motion for rehearing in No. 09-20- 00292-CV; OHAH, Ltd., et al. v. LNG Builders, LLC, et al.; in the Ninth Court of Appeals, Beaumont, Texas, filed December 16, 2022.

c. Preparation of reply brief of appellant in No. 01-21-00712-CV; Equinor Energy, LP v. Lindale Pipeline, LLC; in the First Court of Appeals, Houston, Texas, due February 2, 2023. The judgment in this case is for over $25 million, and the reporter’s record exceeds 370 volumes in length.

d. Preparation of reply brief of appellants in No. 01-21-00602-CV; Senior Care Living, VI, LLC v. Preston Hollow Capital, LLC; UMB Bank N.A.; TMI Trust Company; in the First Court of Appeals, Houston, Texas, due February 8, 2023.

6. This motion is not filed for the purpose of delay, but to allow counsel adequate time to prepare the brief of appellant.

7. For these reasons, Appellant respectfully requests that this Court grant an extension of time to file his reply brief, up to and including, February 15, 2023.

Respectfully submitted, BECK REDDEN LLP By: /s/ Joshua S. Smith Joshua S. Smith State Bar No. 24093173 [email protected] W. Curt Webb State Bar No. 21035900 [email protected] Thomas R. McDade State Bar No. 13513000 [email protected] M. Jake McClellan [email protected] State Bar No. 24109525 1221 McKinney, Suite 4500 Houston, TX 77010-2010 (713) 951-3700 Attorneys for Appellant, David W. Cromwell

CERTIFICATE OF CONFERENCE I hereby certify that I conferred with Gwen Samora, counsel for Appellee, regarding this motion, and this motion is unopposed.

/s/ Joshua S. Smith Joshua S. Smith January 24, 2023

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing motion was served on all counsel of record, via efiling, as follows: Gwen J. Samora [email protected] COPELAND & RICE LLP 2777 Allen Parkway Suite 977 Houston, Texas 77019 Shayne D. Moses [email protected] David A. Palmer [email protected] MOSES, PALMER & HOWELL, L.L.P. W. 7th Street, Suite 815 Fort Worth, Texas 76102 Attorneys for Appellee

/s/ Joshua S. Smith Joshua S. Smith Date: January 24, 2023

Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Jesse Crochet on behalf of Joshua Smith Bar No. 24093173 [email protected] Envelope ID: 72101463 Status as of 1/24/2023 3:52 PM MST Associated Case Party: DavidW.Cromwell Name BarNumber Email TimestampSubmitted Status W. CurtWebb [email protected] 1/24/2023 2:57:41 PM SENT Thomas McDade [email protected] 1/24/2023 2:57:41 PM SENT Joshua S.Smith [email protected] 1/24/2023 2:57:41 PM SENT Larry Lee Thweatt 24008160 [email protected] 1/24/2023 2:57:41 PM SENT Michael JMcClellan [email protected] 1/24/2023 2:57:41 PM SENT

Associated Case Party: Anadarko E&P Onshore, LLC Name BarNumber Email TimestampSubmitted Status Shayne D. Moses 14578980 [email protected] 1/24/2023 2:57:41 PM SENT David Palmer 794416 [email protected] 1/24/2023 2:57:41 PM SENT Gwen J.Samora [email protected] 1/24/2023 2:57:41 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer Martinez [email protected] 1/24/2023 2:57:41 PM SENT Karen McCammon [email protected] 1/24/2023 2:57:41 PM SENT