ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an Incapacitated Person, Individually ( 2015 )

ACCEPTED
04-15-00487-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
12/17/2015 2:24:11 PM
KEITH HOTTLE
CLERK
No. 04-15-000487-CV
In the Court of Appeals FILED IN
4th COURT OF APPEALS
for the Fourth Judicial District of TexasSAN ANTONIO, TEXAS
San Antonio, Texas 12/17/15 2:24:11 PM
KEITH E. HOTTLE
Clerk
CONOCOPHILLIPS COMPANY,
Appellant,
V.
LEON OSCAR RAMIREZ JR., INDIVIDUALLY AND JESUS M. DOMINGUEZ, AS
GUARDIAN OF THE ESTATE OF MINERVA CLEMENTINA RAMIREZ, AN
INCAPACITATED PERSON,
Appellees.
From Cause No. 7,637
49th Judicial District Court, Zapata County, Texas
Honorable Jose A. Lopez, Presiding Judge
CONOCOPHILLIPS’ UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE APPELLANT’S BRIEF
Michael V. Powell Darrell L. Barger
Texas Bar No. 16204400 Texas Bar No. 01733800
mpowell@lockelord.com dbarger@hdbdlaw.com
Cynthia K. Timms HARTLINE DACUS BARGER DREYER LLP
Texas Bar No. 11161450 800 N. Shoreline Boulevard
ctimms@lockelord.com North Tower, Suite 2000
Amanda L. Cottrell Corpus Christi, Texas 78401
Texas Bar No. 24064972 Telephone: 361-866-8000
acottrell@lockelord.com Facsimile: 361-866-8039
LOCKE LORD LLP
2200 Ross Avenue, Suite 2800 Adolfo Campero
Dallas, Texas 75201 Texas Bar No. 00793454
Telephone: 214-740-8000 acampero@camperotamez.com
Facsimile: 214-740-8800 CAMPERO TAMEZ, PLLC
315 Calle Del Norte, Suite 207
Laredo, Texas 78041
Telephone: 956-796-0330
Facsimile: 956-796-0399
TO THE HONORABLE COURT OF APPEALS:
Appellant ConocoPhillips Company (“ConocoPhillips”) moves for an
extension of time in which to file its Appellant’s brief in this matter.
ConocoPhillips requests an extension of 30 days to and including January 29, 2016
in which to file its Appellant’s brief. In support of this motion, ConocoPhillips
would show as follows:
1. This is an appeal from a final judgment. The record in this case was
filed on November 6, 2015. One of the Appellees, Leon Oscar Ramirez Jr., filed
for bankruptcy and this appeal was abated on November 13, 2015. Appellee Leon
Oscar Ramirez Jr. filed a motion to reinstate the appeal and the appeal was
reinstated on November 30, 2015. Appellants’ briefs are currently due on
December 30, 2015.
2. ConocoPhillips seeks an extension of time in which to file its
Appellant’s brief. In reviewing the record, counsel for both Appellant and
Appellees have identified items missing from the record. On November 20,
Appellees wrote the District Clerk of Zapata County listing items missing from the
record. That letter is attached as Exhibit A. ConocoPhillips filed a Request for
Preparation of Second Supplemental Clerk’s Record on December 2, 2015
detailing items it found were missing. That request is attached as Exhibit B. In
checking with the District Clerk of Zapata County, ConocoPhillips does not expect
1
the supplemental record to be filed with this Court until after December 30, when
Appellant’s brief is due.
3. Counsel for ConocoPhillips also have other pending matters. Cynthia
Timms has a petition for review to be filed on January 6, 2016 in the Texas
Supreme Court in Samson Exploration v. T.S. Reed Properties, Cause No. 15-
0886. She also had to file a brief and evidentiary objections in a summary
judgment proceeding in Spice Resources v. Burlington Resources pending in
Montague County. The summary judgment hearing in that case was on December
14, 2015. Ms. Timms also has to respond to discovery in that case. Michael Powell
is preparing for a trial that starts in January in a multidistrict litigation pending in
the Northern District of Texas.
3. This is ConocoPhillips’ first request for an extension of time for filing
its Appellant’s brief.
4. ConocoPhillips has conferred with Lisa Hobbs, one of the counsel for
Appellees, regarding this motion for extension of time, and Ms. Hobbs has stated
this motion is unopposed.
WHEREFORE, PREMISES CONSIDERED, Appellant ConocoPhillips
Company requests the Court for an extension of time to and including January 29,
2016 in which to file its Appellant’s brief in the referenced action.
2
Respectfully submitted,
/s/ Cynthia K. Timms
Michael V. Powell
Texas Bar No. 16204400
mpowell@lockelord.com
Cynthia K. Timms
Texas Bar No. 11161450
ctimms@lockelord.com
Amanda L. Cottrell
Texas Bar No. 24064972
acottrell@lockelord.com
LOCKE LORD LLP
2200 Ross Avenue, Suite 2200
Dallas, Texas 75201
Telephone: 214-740-8000
Facsimile: 214-740-8800
Darrell L. Barger
Texas Bar No. 01733800
dbarger@hdbdlaw.com
HARTLINE DACUS BARGER DREYER LLP
800 N. Shoreline Blvd., N. Twr., Ste. 2000
Corpus Christi, Texas 78401
Telephone: 361-866-8000
Facsimile: 361-866-8039
Adolfo Campero, Jr.
Texas Bar No. 00793454
acampero@camperotamez.com
CAMPERO & ASSOCIATES, P.C.
315 Calle Del Norte, Suite 207
Laredo, Texas 78041
Telephone: 956-796-0330
Facsimile: 956-796-0399
ATTORNEYS FOR APPELLANT
CONOCOPHILLIPS COMPANY
3
CERTIFICATE OF CONFERENCE
I hereby certify that on December 16, 2015, counsel for ConocoPhillips
conferred with Lisa Hobbs, counsel for Appellees in this case, regarding this
Motion. Ms Hobbs stated that Appellees do not oppose the extension of time
requested in this motion.
/s/ Cynthia K. Timms
Cynthia K. Timms
4
CERTIFICATE OF SERVICE
I hereby certify that on the 17th day of December 2015, a true and correct
copy of this Motion for Extension of Time was served by eFileTexas and/or email
on the other parties to this appeal through their counsel of record listed below:
J. Alberto Alarcon Jessie Castillo
Hall, Quintanilla, & Alarcon, LLC CASTILLO SNYDER PC
P.O. Box 207 300 Convent Street, Suite 1020
1302 Washington San Antonio Texas 78205
Laredo, Texas 78042-0207 Attorney for El Milagro Minerals, Ltd.,
Attorney for Appellees and Rodolfo C. Ramirez, Individually
and as Independent Executor of the
Lisa Hobbs Estate of Ileana Ramirez, Deceased
Kuhn Hobbs PLLC
3307 Northland Drive, Suite 310
Austin, Texas 78731
Attorney for Appellees
John A. Kazen
Kazen, Meurer & Pérez, L.L.P.
211 Calle del Norte, Suite 100
P.O. Box 6237
Laredo, Texas 78041-6237
Trial Attorneys for El Milagro
Minerals, Ltd., and Rodolfo C.
Ramirez, Individually and as
Independent Executor of the Estate of
Ileana Ramirez, Deceased
/s/ Cynthia K. Timms
Cynthia K. Timms
5
EXHIBIT A
7637 Filed 11/20/2015 4:07:04 PM
Dora Castanon
District Clerk
Zapata County, Texas
LAW OFFICES OF
HALL, QUINTANILLA & ALARCON
A LIMITED LIABILITY COMPANY
P.O. BOX 207
LAREDO, TEXAS 78042
†H.C. HALL, III (1932-2012) PHYSICAL ADDRESS:
GUSTAVO T. QUINTANILLA 1302 WASHINGTON STREET
GUILLERMO G. ALARCON LAREDO, TEXAS 78040
ALBERTO ALARCON TELEPHONE: (956) 723-5527
FACSIMILIE: (956) 723-8168
November 20, 2015
Ms. Dora Martinez Castañón Via E-filing and Facsimile No. 956 765 9931
District Clerk, Zapata County, Texas
200 E. 7th Avenue, Suite 119
Zapata, Texas 78076
Re: Leon Oscar Ramirez, Jr. et al. v. ConocoPhillips Company, et
al.-No. 7,637, Zapata County, Texas, 49th Judicial District Court
Dear Ms. Castañon:
Plaintiffs Leon Oscar Ramirez, Jr. and Minerva Clementina Ramirez have
identified errors in the Clerk’s Record in the above-styled case that was previously filed
with the Fourth Court of Appeals. Specifically, the following items requested by
ConocoPhillips Company in its Request for Preparation of Clerk’s Record were not
included in the Clerk’s Record:
Items 7, 8, 9, 10, 11, 12, 27, 30, 33, 38, 53, 68, 71, 74, and 103
As to Plaintiff’s First Supplemental Request for Additional Items to be Included in the
Clerk’s Record, the following items requested by Plaintiffs were not included in the
Clerk’s Record:
Items 1 and 2
For your convenience, I am enclosing copies of ConocoPhillips’ and Plaintiffs’ requests.
In accordance with Texas Rule of Appellate Procedure 34.5(c), Plaintiffs
respectfully request the omitted items be prepared, certified, and filed in the Fourth
Court of Appeals at the earliest opportunity, along with a copy of this letter requesting
supplementation.
Thank you for your assistance with this matter. If you have any questions, or
need additional information, please do not hesitate to call me.
Sincerely,
/s/ Alberto Alarcon
Alberto Alarcon
Attorney for Plaintiffs
cc: All counsel of record
EXHIBIT B
7637 Filed 12/2/2015 3:23:08 PM
Dora Castanon
District Clerk
Zapata County, Texas
CAUSE NO. 7,637
LEON OSCAR RAMIREZ, JR., § IN THE DISTRICT COURT OF
INDIVIDUALLY, ROSALINDA §
RAMIREZ ECKHARDT, §
INDIVIDUALLY, and JESUS M. §
DOMINGUEZ, AS GUARDIAN OF THE §
ESTATE OF MINERVA CLEMENTINA §
RAMIREZ, an incapacitated person, §
Plaintiffs, §
§
v.
§ ZAPATA COUNTY, TEXAS
CONOCOPHILLIPS COMPANY, EOG §
RESOURCES, INC., ESTATE OF §
ILEANA RAMIREZ, DECEASED, EL §
MILAGRO MINERALS, LTD., AND §
RODOLFO C. RAMIREZ, §
INDIVIDUALLY AND AS §
INDEPENDENT EXECUTOR OF THE §
ESTATE OF ILEANA RAMIREZ, §
DECEASED, Defendants. § 49TH JUDICIAL DISTRICT
CONOCOPHILLIPS COMPANY’S REQUEST FOR
PREPARATION OF SECOND SUPPLEMENTAL CLERK’S RECORD
TO: THE HONORABLE DORA MARTINEZ CASTAÑON
DISTRICT CLERK
ZAPATA COUNTY, TEXAS
On November 6, the San Antonio Court of Appeals filed an electronic Clerk’s Record
and an electronic Supplemental Clerk’s Record in Cause No. 04-15-00487-CV in ConocoPhillips
Company et al. v. Leon Oscar Ramirez, Jr., et al. Some of the items previously requested were
not contained in those Clerk’s Records and two items did not contain all of the attachments.
ConocoPhillips Company hereby requests that you prepare a Second Supplemental
Clerk’s Record containing the following items. To assist the Court with the preparation of this
request for a supplemental Clerk’s record, ConocoPhillips will be separately providing file-
stamped copies of the requested documents, in the event the Court does not have or cannot locate
the listed documents.
REQUEST FOR PREPARATION OF SECOND SUPPLEMENTAL CLERK’S RECORD Page 1
NO. DOCUMENT TITLE DATED
1. In Vol. 10, stamped pp. 3322-3781 (Clerk Record Ref. pp. (bottom left) 04/22/13
3396-3845), ConocoPhillips Company’s Motion to Reopen and
Reconsider the December 6, 2012 Summary Judgment Evidence, with
exhibits A-F. Exhibits E-F are missing. (Originally requested by
ConocoPhillips 6/28/15 at No. 65.)
2. In Vol. 14, stamped pp. 5500-5570 (Clerk Ref. pp. 5569-5639) (Plaintiffs’ 06/25/14
Response to ConocoPhillips’ Motion for Partial Summary Judgment on
Will Construction, Estoppel, Ratification, and Alleged Bad Faith
Cotenancy, with Exs. 1-13). Ex. 2 is cut off at the bottom of the page.
(Originally requested by ConocoPhillips 6/28/15 at No. 76.)
3. Plaintiffs’ Response to EOG’s First and ConocoPhillips Second Amended 11/18/11
Motions for Summary Judgment. (Originally requested by
ConocoPhillips 6/28/15 at No. 19.)
4. All Defendants’ Post-Hearing Brief on Plaintiffs’ and Defendants’ Cross- 01/30/12
Motions for Partial Summary Judgment. (Originally requested by
ConocoPhillips 6/28/15 at No. 38.)
5. ConocoPhillips Company’s Brief on Proposed Expert Testimony of 04/25/13
Luciano Adrian Rodriguez. (Originally requested by ConocoPhillips
6/28/15 at No. 68.)
6. Rodolfo C. Ramirez, Individually and as the Independent Administrator 06/24/15
of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd.’s Joinder
of ConocoPhillips Company’s Motion for Partial Summary Judgment on
Will Construction, Estoppel, Ratification, and Alleged Bad Faith
Cotenancy. (Originally requested by ConocoPhillips 6/28/15 at No. 74.)
7. Order [Denying Rodolfo C. Ramirez, Individually and as the Independent 12/03/14
Executor of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd.’s
Motion for Partial Summary Judgment on Will Construction, Estoppel
and Ratification]. (Originally requested by ConocoPhillips 6/28/15 at No.
102.)
8. Defendants Rodolfo C. Ramirez, Individually and as the Independent 06/09/15
Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals,
Ltd.’s Notice of Appeal. (Originally requested by ConocoPhillips 7/28/15
at No. 125.)
9. Defendants Rodolfo C. Ramirez, Individually and as the Independent 06/10/15
Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals,
Ltd.’s Motion to Vacate, Set Aside, Modify, Correct, or Reform
Judgment. (Originally requested by ConocoPhillips 7/28/15 at No. 126.)
REQUEST FOR PREPARATION OF SECOND SUPPLEMENTAL CLERK’S RECORD Page 2
10. ConocoPhillips Company’s First Amended Notice of Appeal. (Originally 07/28/15
requested by ConocoPhillips 7/28/15 at No. 128.)
11. ConocoPhillips Company’s First Supplemental Request for Preparation of 07/28/15
Clerk’s Record. (Originally requested by ConocoPhillips 7/28/15 at No.
129.)
12. Plaintiffs’ Cross Notice of Appeal. (Originally requested by Plaintiffs on 07/30/15
8/7/15 at No. 1.)
13. Plaintiffs’ First Supplemental Request For Additional Items to be 08/07/15
Included in the Clerk’s Record Requested by ConocoPhillips Company.
(Originally requested by ConocoPhillips 8/7/15 at No. 2.)
14. Court docket sheet listing documents filed after August 11, 2015.
(Originally requested by ConocoPhillips 7/28/15 at No. 130.)
At your earliest convenience, please inform the undersigned counsel of your requirements
whether any additional payments will be required for this Second Supplemental Record.
Dated: December 2, 2015
REQUEST FOR PREPARATION OF SECOND SUPPLEMENTAL CLERK’S RECORD Page 3
Respectfully submitted,
/s/ Amanda L. Cottrell
Michael V. Powell
Texas Bar No. 16204400
mpowell@lockelord.com
Cynthia K. Timms
Texas Bar No. 11161450
ctimms@lockelord.com
Amanda L. Cottrell
Texas Bar No. 24064972
acottrell@lockelord.com
LOCKE LORD LLP
2200 Ross Avenue, Suite 2200
Dallas, Texas 75201-6776
214-740-8000 (Main Telephone)
214-740-8800 (Main Facsimile)
-And –
Darrell L. Barger
Texas Bar No. 01733800
dbarger@hdbdlaw.com
HARTLINE DACUS BARGER DREYER LLP
800 N. Shoreline Blvd., North Tower, Ste. 2000
Corpus Christi, Texas 78401
361-866-8000 (Telephone)
361-866-8039 (Facsimile)
- And-
Adolfo Campero, Jr.
Texas Bar No. 00793454
acampero@camperolaw.com
CAMPERO & ASSOCIATES, P.C.
315 Calle Del Norte, Ste. 207
Laredo, Texas 78041
956-796-0330 (Telephone)
956-796-0399 (Facsimile)
ATTORNEYS FOR DEFENDANT
CONOCOPHILLIPS COMPANY
REQUEST FOR PREPARATION OF SECOND SUPPLEMENTAL CLERK’S RECORD Page 4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Request for Preparation of
Second Supplemental Clerk’s Record was served on the following counsel of record by ECF and
Email in accordance with Tex. R. Civ. P. 21a via email PDF on this the 2nd day of December,
2015:
J. Alberto Alarcon Bruce Werstak
HALL, QUINTANILLA, & ALARCON SAMES & WERSTAK, LLP
P.O. Box 207 6721 McPherson Road, Suite 360
1302 Washington Laredo, Texas 78041
Laredo, Texas 78042-0207 bruce@sameswerstak.com
aalarcon@sbcglobal.net Counsel for Leon O. Ramirez, Jr. and Rosalinda
Attorney for All Plaintiffs Ramirez Eckhardt in their capacity as the co-
executors of the Estate of Leon O. Ramirez, Sr.,
Deceased, Third Party Defendants
John A. Kazen Jesse Castillo
KAZEN, MEURER & PÉREZ, L.L.P. CASTILLO SNYDER PC
211 Calle del Norte, Suite 100 300 Convent Street, Ste 1020
P.O. Box 6237 San Antonio Texas 78205
Laredo, Texas 78041-6237 jcastillo@casnlaw.com
ftamez@kmp-law.com Attorneys for El Milagro Minerals, Ltd., and
Attorneys for El Milagro Minerals, Ltd., Rodolfo C. Ramirez, Individually and as
and Rodolfo C. Ramirez, Individually and Independent Executor of the Estate of Ileana
as Independent Executor of the Estate of Ramirez, Deceased, Defendants
Ileana Ramirez, Deceased, Defendants
Lisa Hobbs
KUHN HOBBS PLLC
3307 Northland Drive, Suite 310
Austin, Texas 78731
Lisa@KuhnHobbs.com
Attorney for All Plaintiffs
/s/ Amanda L. Cottrell
Amanda L. Cottrell
REQUEST FOR PREPARATION OF SECOND SUPPLEMENTAL CLERK’S RECORD Page 5