Wilmer Forrest Trimble, Jr., A/K/A Wilmer Forrest Tremble, Jr., Sharon Trimble Donaldson, Selia Trimble Shawkey, and Billie J. Murphy Tremble v. Luminant Mining Company LLC ( 2015 )

ACCEPTED 06-15-00006-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS L AW O F F I C E S O F 6/26/2015 1:34:40 PM DEBBIE AUTREY CLERK J ACKSON , S JOBERG , McC ARTHY & T OWNSEND , L.L.P. 711 WEST 7TH STREET DAVID E. JACKSON* AUSTIN, TEXAS 78701-2785 OF COUNSEL JOHN MATTHEW SJOBERG* ROBERT C. W ILSON EDMOND R. MCCARTHY, JR. (512) 472-7600 RECEIVED INKNISELY** MARC O. ELIZABETH A. TOWNSEND† FAX (512) 225-5565 6th COURT OF APPEALS MARK DOMEL _______ TEXARKANA,_______TEXAS www.jacksonsjoberg.com 6/26/2015 1:34:40 PM *BOARD CERTIFIED IN OIL, GAS AND MINERAL LAW EDMOND R. MCCARTHY, III **BOARD CERTIFIED IN CIVIL APPELLATE LAW DEBBIE AUTREY TEXAS BOARD OF LEGAL SPECIALIZATION † Clerkin Texas and Tennessee Licensed June 26, 2015 Ms. Debra K. Autrey Clerk, Sixth Court of Appeals 100 North State Line Avenue, Suite 20 Texarkana, Texas 75501 Re: Billie Murphy Tremble, Sharon Tremble Donaldson, Selia Tremble Shawkey, Wilmer Forrest Tremble, Jr., and The Estate of Wilmer Forrest Tremble, Sr., Appellants v. Luminant Mining Company LLC, Energy Future Holdings Corporation, and Subsidiaries, Appellees, No. 06-15-0006-CV Dear Ms. Autrey: I am one of the attorneys for the Appellees in the above-referenced appeal. The Court abated this appeal by order dated May 28, 2015, due to the Bankruptcy Code’s automatic stay, and Appellee Luminant Mining Company LLC moved to reinstate the appeal on June 18, 2015. On June 23, 2015, I received the Court’s order of that date, which overruled Luminant's motion to reinstate the appeal because the motion did not include (1) a certified copy of an order showing that the automatic bankruptcy stay has been lifted or (2) an authenticated document demonstrating that reinstatement is permitted by federal law and/or the relevant bankruptcy court. The purpose of this letter is to inform the Court that Luminant intends to obtain an order from the bankruptcy court lifting the stay and will provide a certified copy of that order to this Court, but that doing so will take approximately two months. Luminant has been informed by its bankruptcy counsel that, due to other matters already pending in the Luminant bankruptcy, the first available date for a hearing before the bankruptcy court on a motion to lift the stay of this appeal will be August 11, 2015. As promptly as is possible after that hearing, Luminant will submit a second motion to reinstate this appeal, along with a certified copy of the bankruptcy court's lift stay order. Please contact me if you have any questions about this matter. Thank you for your assistance. Best wishes. Sincerely, /s/ Marc O. Knisely Marc O. Knisely MOK/tn Ms. Debra K. Autrey Clerk, Sixth Court of Appeals June 26, 2015 Page 2 cc: Billie J. Murphy Tremble 2806 Evans Street Marshall, TX 75670 Via Regular U.S. Mail and Certified Mail, RRR 70150640000696328092 Sharon Tremble Donaldson 2010 Wineberry Dr . Katy, TX 77450 Via Regular U.S. Mail and Certified Mail, RRR 70150640000696328108 Selia Tremble Shawkey 712 South 37th Street San Diego, CA 92113 Via Regular U.S. Mail and Certified Mail, RRR 70150640000696328122 Wilmer Forrest Tremble, Jr. 3614 Sheldon Pearland, TX 77584 Via Regular U.S. Mail and Certified Mail, RRR 70150640000696328115