Gemini Insurance Company and Berkley Oil & Gas Specialty Services, LLC v. Drilling Risk Management, Inc. ( 2015 )

ACCEPTED
04-15-00318-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/17/2015 12:39:47 AM
KEITH HOTTLE
CLERK
No. 04-15-00318-CV
_________________________________________________________________
FILED IN
4th COURT OF APPEALS
I C
N THE OURT OF PPEALS A SAN ANTONIO, TEXAS
FOR THE OURTH ISTRICT OF EXAS 11/17/2015 12:39:47 AM
F D T
KEITH E. HOTTLE
_________________________________________________________________
Clerk
GEMINI INSURANCE COMPANY AND BERKLEY OIL AND
GAS SPECIALTY SERVICES, LLC,
APPELLANTS
V.
DRILLING RISK MANAGEMENT, INC.,
APPELLEE
____________________________________________________________________
On Appeal from the 216th Judicial District Court
Kendall County, Texas
Trial Court Cause No. 12-066
Honorable Bill Palmer, Judge Presiding
____________________________________________________________________
MOTION FOR FOURTH EXTENSION OF TIME TO FILE
APPELLANTS’ BRIEF
____________________________________________________________________
TO THE HONORABLE FOURTH COURT OF APPEALS:
Appellants, Gemini Insurance Company and Berkley Oil and Gas Specialty
Services, LLC, respectfully requests a 12-hour extension of time to file their brief
as appellants under Texas Rules of Appellate Procedure 10.5(b) and 38.6(d), and
would respectfully show this Court as follows:
1. This is Appellants’ fourth motion for an extension of time to file their brief.
2. The filing deadline for Appellants’ brief is presently November 16, 2015.
3. This Court granted Appellants’ prior extension request and noted that “No
further extensions would be granted.”
4. Appellants’ appellate counsel, Russell Hollenbeck, profusely apologizes to
this Court for this request, but nonetheless needs a 12-hour extension of the
deadline to file Appellants’ opening brief, which would make Appellants’
brief due by noon on November 17, 2015.
5. Counsel did not take this Court’s admonition regarding further instructions
lightly, and was prepared to file Appellants’ brief in compliance with the
Court extension of the deadline to November 16, 2015. However,
Appellants’ counsel needs this short amount of additional time to file the
opening brief in this matter, solely and embarrassingly as a result of last-
minute computer software formatting problems encountered in the
preparation of the brief itself, and as a result of counsel’s own inadvertence
in failing to correctly save revisions to the brief while drafting it.
6. This delay is not the result of any conduct on the part of Appellants’
themselves.
6. Because of the lateness of the hour of the filing of this motion (after
midnight) Appellants’ counsel has not received any indicating concerning
whether counsel for Appellee, Drilling Risk Management, Inc., opposes the
relief sought in this motion.
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WHEREFORE, Appellants Gemini Insurance Company and Berkley Oil and
Gas Specialty Services, LLC respectfully request that the Court grant this motion
and extend the deadline for their opening brief to noon on Tuesday, November 17,
2015.
Respectfully submitted,
/s/ R. Russell Hollenbeck
R. Russell Hollenbeck
State Bar No. 00790901
WRIGHT & CLOSE, LLP
One Riverway, Suite 2200
Houston, Texas 77056
(713) 572-4321
(713) 572-4320 (fax)
hollenbeck@wrightclose.com
Attorney for Appellants,
Gemini Insurance Co. and
Berkley Oil & Gas Specialty
Services, LLC
CERTIFICATE OF CONFERENCE
As required by Texas Rule of Appellate Procedure 10.1(a)(5), I personally
emailed Steve Skarnulis, counsel for Appellee, Drilling Risk Management, Inc.,
but he has not yet indicated whether his client is opposed to this motion.
/s/ R. Russell Hollenbeck
R. Russell Hollenbeck
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of this motion was served by email on
all counsel of record electronically on November 17, 2015.
Catherine M. Stone
LANGLEY & BANACK, INC.
745 E. Mulberry Avenue, Suite 900
San Antonio, Texas 78212
cstone@langleybanack.com
Steve Skarnulis
Charles J. Cain
CAIN & SKARNULIS, LLP
400 W. 15th Street, Suite 900
Austin, Texas 78701
skarnulis@cstrial.com
ccain@cstrial.com
/s/ R. Russell Hollenbeck
R. Russell Hollenbeck
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