Motion to Extend


Plaintiffs Texas Pacific Land Trust and, solely in their respective capacities as trustees for Texas Pacific Land Trust, David E. Barry and John R. Norris III (collectively, “Plaintiffs”) and Defendant Eric L. Oliver (“Defendant”) hereby file this Agreed Joint Motion for Extension of Time.

On June 17, 2019, Defendant filed a Fed. R. Civ. P. 12(c) Motion for Judgment on the Pleadings [Dkt. 19], resulting in a deadline for Plaintiffs to respond on July 8, 2019 and a deadline for Defendant to file a reply on July 22, 2019. The Parties respectfully request a one- week extension of the deadline for Plaintiffs to respond to Defendant’s Motion, until July 15, 2019. The Parties likewise respectfully request a corresponding extension of the Defendant’s deadline to reply, to August 5, 2019.

These extensions are requested for good cause and not for the purpose of delay. Plaintiffs and Defendant agree to the requested extensions.

4 thoughts on “Motion to Extend

  1. And Friday’s court filings…

    Judge grants the Trustees until July 15 or before to answer motion to dismiss. HK/Oliver/Softvest to provide their reply by August 5th. Undetermined when Judge
    Boyle will rule on the motion to dismiss.

    Also filed Friday, “Proposal for contents of scheduling and discovery order Joint Discovery” by the Trustees.” Essentially this is a proposal for a schedule where each side can ask for evidence that is related to the original claim and counterclaim, and motion to dismiss. The Trustees will try to limit what is “discoverable”. Expect some legal jousting here on what is in scope, and the schedule itself.

    The discovery process does present some challenges for the TPL trustees, given the 11th hour lawsut, and the confusing at best timeline for the trustee questionnaire. It seems like more can come out that will further hurt their case than help it. Its hard to imagine much the Trustees will discover much on HK/Oliver/Softvest that will harm their contention the election was stopped at the 11th hour because the Trustees were losing.

    Negotiations on a settlement seem to have broken down, but out of discovery will come more facts that will help or hurt the Trustees, making it more obvious to both parties and their lawyers who will prevail if it goes to trial. Remember, approximately 10% of all filed Federal civil business cases result in a trial. Odds are it still gets resolved before trial.

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