Syrian-America Oil Corporation, S.A. (Hereinafter SAMOCO) v. Pecten Orient Company F/K/A Pecten Ash Sham F/K/A Pecten Syria Petroleum Company ( 2015 )

ACCEPTED
01-15-00424-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
11/4/2015 3:39:29 PM
CHRISTOPHER PRINE
CLERK
NO. 01-15-00424-CV
FILED IN
IN THE COURT OF APPEALS 1st COURT OF APPEALS
HOUSTON, TEXAS
FOR THE FIRST JUDICIAL DISTRICT OF TEXAS
11/4/2015 3:39:29 PM
AT HOUSTON
CHRISTOPHER A. PRINE
Clerk
SYRIAN-AMERICAN OIL CORPORATION, S.A.,
Appellant,
vs.
PECTEN ORIENT COMPANY f/k/a PECTEN ASH SHAM f/k/a PECTEN
SYRIA PETROLEUM COMPANY,
Appellee.
ON APPEAL FROM THE
190TH JUDICIAL DISTRICT COURT OF HARRIS COUNTY, TEXAS
CAUSE NO. 2007-67830
AGREED MOTION TO ADOPT BRIEFING SCHEDULE
Pursuant to Texas Rule of Appellate Procedure 10.1, Appellant/Cross-
Appellee Syrian-American Oil Corporation, S.A. (SAMOCO) and Appellee/Cross-
Appellant Pecten Orient Company f/k/a Pecten Ash Sham f/k/a Pecten Syria
Petroleum Company (Pecten) request the Court to approve an agreed briefing
schedule in this civil appeal and cross-appeal.
The Texas Rules of Appellate Procedure do not provide a separate
briefing schedule for cases involving a cross-appeal. Rather, under Rule 38.6, each
party who files a notice of appeal must file an appellant’s brief. TEX. R. APP. P.
38.6. Each party who responds to the brief would then file a response brief as an
appellee. Id. And each appellant may then file a reply to the appellee’s response
brief. Id. This parallel briefing scheme results in a total of six briefs.
In an effort to reduce the number of briefs to be filed in this case, the
parties have agreed upon and propose the following briefing schedule and word
count limits, subject to the exclusions outlined in Texas Rule of Appellate
Procedure 9.4(i)(1):
a. SAMOCO’s appellant’s brief shall be due no later than 30 days
after the date the reporter’s record is filed with the Court and shall contain no more
than 15,000 words.
b. Pecten’s appellee/cross-appellant’s brief shall be due no later
than 30 days after the date SAMOCO’s appellant’s brief is filed and shall contain
no more than 22,000 words.
c. SAMOCO’s appellant’s reply/cross-appellee’s brief shall be
due no later than 30 days after the date Pecten’s appellee/cross-appellant’s brief is
filed and shall contain no more than 12,000 words.
d. Pecten’s cross-appellant’s reply brief shall be due 20 days after
the date SAMOCO’s reply/cross-appellee’s brief is filed and shall contain no more
than 5,000 words.
2
The proposed word count limits comply with Texas Rule of Appellate
Procedure 9.4(i)(2)(B)’s mandate that in civil appeals, “the aggregate of all briefs
filed by a party must not exceed 27,000 words if computer-generated.” The
proposed timing of the various briefs is also consistent with Texas Rule of
Appellate Procedure 38.6 governing the time to file appellant’s, appellee’s, and
reply briefs, subject to possible extensions upon further motion by a party.
The parties ask the Court to adopt this agreed briefing schedule and
word count limits for purposes of efficiency and to reduce the number of briefs that
the Court must review in this case. The parties have agreed to this schedule in
advance of the filing of a complete reporter’s record in this case and thus before
the time to file appellants’ briefs has begun to run. By this agreed motion, the
parties do not intend to waive the right to file motions for extension of time under
Texas Rule of Appellate Procedure 38.6(d), under appropriate circumstances.
For all of these reasons, the parties respectfully request that the Court
grant this motion and adopt the agreed briefing schedule set forth above.
3
Respectfully submitted,
BAKER BOTTS L.L.P.
By: /s/ Macey Reasoner Stokes
Macey Reasoner Stokes
State Bar No. 00788253
One Shell Plaza
910 Louisiana
Houston, Texas 77002
713.229.1369
713.229.7869 (Facsimile)
macey.stokes@bakerbotts.com
Lauren Tanner Bradley
State Bar No. 24066177
Ashley Carr
State Bar No. 24082619
BAKER BOTTS L.L.P.
98 San Jacinto Blvd., Suite 1500
Austin, Texas 78701
512.322.2500
512.322.2501 (Facsimile)
lauren.bradley@bakerbotts.com
ashley.carr@bakerbotts.com
ATTORNEYS FOR APPELLEE/CROSS-
APPELLANT PECTEN ORIENT COMPANY
F/K/A PECTEN ASH SHAM F/K/A PECTEN
SYRIA PETROLEUM COMPANY
4
SHIPLEY SNELL MONTGOMERY LLP
By: /s/ Amy Douthitt Maddux
Amy Douthitt Maddux
Texas Bar No. 00796483
712 Main Street, Suite 1400
Houston, Texas 77002-3201
(713) 490-3827
(713) 652-3057 (fax)
amaddux@shipleysnell.com
ATTORNEYS FOR APPELLANT/CROSS-
APPELLEE SYRIAN-AMERICAN OIL
CORPORATION, S.A.
5
CERTIFICATE OF SERVICE
I certify that a true and correct copy of this Agreed Motion to Adopt
Briefing Schedule was served on all counsel of record as indicated below on the
4th day of November, 2015.
Counsel for Appellant Syrian-American Oil Corporation, S.A.:
John W. Stevenson Jr.
William Robert Hand
Stevenson & Murray
24 Greenway Plaza, Suite 750
Houston, Texas 77046
(by electronic mail)
Amy Maddux
Shipley Snell Montgomery LLP
712 Main Street, Suite 1400
Houston, Texas 77002-3201
(by electronic mail)
Robert Godlewski
Law Offices of Robert S. Godlewski
3950 Braxton Drive, Suite 100
Houston, Texas 77063
(by electronic mail)
D. Craig Olivier
Olivier & Mundy, L.L.P.
1414 West Clay
Houston, Texas 77019
(by electronic mail)
/s/ Macey Reasoner Stokes
Macey Reasoner Stokes
6