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CAUSE NO. 2007-75537
BILLY JACK MCDANIEL, A’LETA IN THE DISTRICT COURT
MCDANIEL INDIVIDUALLY AND AS
NEXT FRIEND OF CARNEY
MCDANIEL, A MINOR
VS. 61* JUDICIAL DISTRICT
SMITH INTERNATIONAL, INC., AND
SONERRA RESOURCES CORPORATION § HARRIS C
eresa Chan;
District Clerk
AGREED MOTION FOR CONTINUANCE
JUN 24 2008
Time:, -
TO THE HONORABLE JUDGE OF SAID COURT: larris County, Texas
By.
NOW COMES, the Parties, in the above styled and numbered cause, and files ae" WMotion —
for Continuance and would show unto the Court the following:
I
This claim arises out of a well explosion on or about March 3, 2006, at that time,
the Plaintiff BILLY JACK. MCDANIEL was working for a drilling crew when a blowout
occurred. The resultant explosion caused catastrophic injuries to the Plaintiff. On December 11,
2007, the Movants brought suit against Smith International, Inc. (manufacturer and assembler of
the subject rotating head) and Sonerra Resources Corporation (lease operator for the well in
question). On February 20, 2008, the Plaintiff amended the Original Petition to include claims
against Kirkhill Manufacturing Company a/k/a KMC Rubber Products, Harbor Products, Inc. and
Advanced Polymer Technologies, L.L.C. On March 6, 2008, this Honorable Court entered the
Docket Control Order, which is attached hereto as Exhibit “A”. The current trial setting is
October 13, 2008. The parties would hereby request a continuance of this matter until April 20,
2009. This continuance is sought so that additional testing may be completed by the parties. It is
anticipated that this testing will be completed by August 15, 2008. After that testing is complete,
the parties should be able to complete the necessary discovery to evaluate this matter and prepare
it for alternative dispute resolution and trial, if necessary. The parties would humbly request a
trial setting of April 20, 2009. An Agreed Amended Docket Control Order will be submitted by
the parties. This motion is not sought for the purposes of harassment or delay.
WHEREFORE, PREMISES CONSIDERED, the Parties pray that this Motion be in all
things granted and the trial date of this matter and concomitant deadlines be continued in
accordance with the Amended Docket Control Order.
Respectfully submitted,
Hortman Harlow Martindale Bassi Robinson &
McDaniel
P.O. Drawer 1409
Laurel, MS 39441-1409
Ph: (601) 649-8611
Fax: (601) 649-6062
By p pon SS 0%
Christopher B. cD:
MS State Bar No. 10711
KETTERMAN ROWLAND & WESTLUND
16500 San Pedro, Suite 302
San Antonio, Texas 78232
(210) 490-7402; Telephone
(210) 490-8372; Facsimile
BY:
DOUGLAS D. KETTERMAN
State Bar No. 11362950
BRIAN C. STEWARD
State Bar No. 19201100
ATTORNEY FOR PLAINTIFF
STATE OF TEXAS
COUNTY OF BEXAR
BEFORE ME, the undersigned authority, on this day personally appeared BRIAN C.
STEWARD, who, personally known to me, being by me duly sworn, on his oath, deposed and said:
“My name is Brian C. Steward. I am over the age of eighteen and fully competent to make
this affidavit. I am one of the attorneys of record, in the above-entitled and numbered cause, for
Plaintiffs. I am duly authorized to make this affidavit. I have read the above and foregoing
"Motion for Continuance" and everything contained therein is true and correct. The parties are
diligently working to schedule additional, necessary testing but have been unable to conduct the
requisite testing in sufficient time to proceed with trial on October 13, 2008. This continuance is
SUBSCRIBED AND SWORN TO BEFORE ME, on this the \\ day of June, 2008, to
certify which witness my hand and seal of office.
1D0ZA NO?
JV
RY PUBL!
[| Lender,
AND
MY OTSSON EXPIRES
January 23, 2010 FO THE STATB EXAS
MY COMMISSION EXPIRES:
CERTIFICATE OF CONFERENCE
Plaintiff certifies, pursuant to Rule 191.2, Texas Rules of Civil Procedure, and the Harris
County Local Rules, that all parties are in agreement of a Motion for Continuance. However, the
parties have resolved the matters contained herein and a hearing is not required.
SIGNED this the | \ day of June, 2008.
BRIAN C. STEWARD
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing has been served,
VIA TELEPHONIC DOCUMENT TRANSFER ONLY, on:
Mr. Christopher McDaniel
Hortman Harlow Martindale Bassi Robinson & McDaniel, PLLC
Attorneys at Law
414 West Oak Street
Laurel, Mississippi 39440
ATTORNEY FOR PLAINTIFFS
Mr. J. Chad Parker
The Parker Firm, P.C.
112 E. Line, Ste. 202
Tyler, Tx 75702
ATTORNEY FOR DEFENDANT, SONERRA RESOURCES CORPORATION
John C. Kilpatrick
Law Offices of Kilpatrick & White
2777 Allen Parkway, Suite 622
Houston, Texas 77019
ATTORNEY FOR DEEFNDANT, KIRKHILL MANUFACTURING COMPANY
aka KMC RUBBER PRODUCTS
Ronald Max Raydon
Law Offices of Ronald Max Raydon
1718 Fry Road, Suite 450
Houston, Texas 77084
ATTORNEY FOR DEFENDANT, ADVANCED POLYMER TECHNOLOGIES
Joe Grady Tuck Derek R. Van Gilder
Law Office of Joe Grady Tuck Law Office of Derek R. Van Gilder
1404 Pine Street 916 Main Street
Bastrop, Texas 78602 Bastrop, Texas 78602
ATTORNEYS FOR DEFENDANT, HARBOR PRODUCTS
Mr. Jeffrey S. Davis
Gardere Wynne Sewell LLP
1000 Louisiana, Suite 3400
Houston, Texas 77002
ATTORNEY FOR DEFENDANT, SMITH INTERNATIONAL, INC.
Mr. E. Wayne Shuffield
Adami, Shuffield, Scheihing & Burns
9311 San Pedro, Suite 900
San Antonio, Texas 78216
ATTORNEY FOR INTERVENOR, NEW HAMPSHIRE INSURANCE COMPANY
onthisthe _\\___day of June “ p ac
KeErrerRMAN Row.anp & WESTLUND
ATTORNEYS AT LAW
16500 SAN PEDRO SUITE 302 + SAN ANTONIO, TEXAS 78232 + TELEPHONE: (210) 490-7402
FACSIMILE: (210) 490-8372 » www krwlawyers.com
DOUGLAS D. KETTERMAN ¢# ‘+ BOARD CERTIFED - PERSONAL INJURY TRIALLAW.
‘TEXAS BOARD OF LEGAL SPECIALIZATIM
ROBERT A. POLLOM
MICHAEL R. ROWLAND BRIAN C. STEWARD
R. SCOTT WESTLUND
OF COUNSEL
June 12, 2008
FILED
Theresa Chan;
District Clerk
Ms. Darla Coons
Harris County District Clerk
JUN 24 200g
Time:
201 Carolina, 9" Floor ants
County,
Texas
Houston, Texas 77002-1902 By, apy
RE Billy Jack McDaniel, A’Leta McDaniel, Indivually and as Next Friend of Carney
McDaniel. a Minor vs. Smith International. Inc. and Sonerra Resources
Corporation
Cause No. 2007-75537; In the 61" Judicial District, Harris County, Texas
Dear Ms. Coons
Pursuant to the above-referenced matter, enclosed please find the original and one (1)
copy of the Agreed Motion for Continuance and Agreed Order Granting Motion for Continuance
which I would appreciate your filing with the Court.
Upon filing, I would appreciate your forwarding the conformed copies my attention in the
envelope enclosed for your convenience.
Should you have any questions or concerns, please do not hesitate to call.
PU
na
Q
nthia pZa|
egal As!
/eym
Enclosures
ce: Mr. Christopher McDaniel VIA FACSIMLE #601/649-6062
Mr. J. Chad Parker VIA FACSIMLE #903/595-2864
Mr. John C, Kilpatrick VIA FACSIMLE #713/523-8835
Mr. Ronald Max Raydon VIA FACSIMLE #281/398-6403
Mr. Joe Grady Tuck VIA FACSIMLE #512/321-4946
Mr. Derek R. Van Gilder VIA FACSIMLE #512/332-0900
Mr. Jeffery S. Davis VIA FACSIMLE #713/276-6806
Mr. E. Wayne Shuffield VIA FACSIMLE #210/344-7228
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a L CAUSE NO. 2007-75537 BILLY JACK MCDANIEL, A’LETA IN THE DISTRICT COURT MCDANIEL INDIVIDUALLY AND AS NEXT FRIEND OF CARNEY MCDANIEL, A MINOR VS. 61* JUDICIAL DISTRICT SMITH INTERNATIONAL, INC., AND SONERRA RESOURCES CORPORATION § HARRIS C eresa Chan; District Clerk AGREED MOTION FOR CONTINUANCE JUN 24 2008 Time:, - TO THE HONORABLE JUDGE OF SAID COURT: larris County, Texas By. NOW COMES, the Parties, in the above styled and numbered cause, and files ae" WMotion — for Continuance and would show unto the Court the following: I This claim arises out of a well explosion on or about March 3, 2006, at that time, the Plaintiff BILLY JACK. MCDANIEL was working for a drilling crew when a blowout occurred. The resultant explosion caused catastrophic injuries to the Plaintiff. On December 11, 2007, the Movants brought suit against Smith International, Inc. (manufacturer and assembler of the subject rotating head) and Sonerra Resources Corporation (lease operator for the well in question). On February 20, 2008, the Plaintiff amended the Original Petition to include claims against Kirkhill Manufacturing Company a/k/a KMC Rubber Products, Harbor Products, Inc. and Advanced Polymer Technologies, L.L.C. On March 6, 2008, this Honorable Court entered the Docket Control Order, which is attached hereto as Exhibit “A”. The current trial setting is October 13, 2008. The parties would hereby request a continuance of this matter until April 20, 2009. This continuance is sought so that additional testing may be completed by the parties. It is anticipated that this testing will be completed by August 15, 2008. After that testing is complete, the parties should be able to complete the necessary discovery to evaluate this matter and prepare it for alternative dispute resolution and trial, if necessary. The parties would humbly request a trial setting of April 20, 2009. An Agreed Amended Docket Control Order will be submitted by the parties. This motion is not sought for the purposes of harassment or delay. WHEREFORE, PREMISES CONSIDERED, the Parties pray that this Motion be in all things granted and the trial date of this matter and concomitant deadlines be continued in accordance with the Amended Docket Control Order. Respectfully submitted, Hortman Harlow Martindale Bassi Robinson & McDaniel P.O. Drawer 1409 Laurel, MS 39441-1409 Ph: (601) 649-8611 Fax: (601) 649-6062 By p pon SS 0% Christopher B. cD: MS State Bar No. 10711 KETTERMAN ROWLAND & WESTLUND 16500 San Pedro, Suite 302 San Antonio, Texas 78232 (210) 490-7402; Telephone (210) 490-8372; Facsimile BY: DOUGLAS D. KETTERMAN State Bar No. 11362950 BRIAN C. STEWARD State Bar No. 19201100 ATTORNEY FOR PLAINTIFF STATE OF TEXAS COUNTY OF BEXAR BEFORE ME, the undersigned authority, on this day personally appeared BRIAN C. STEWARD, who, personally known to me, being by me duly sworn, on his oath, deposed and said: “My name is Brian C. Steward. I am over the age of eighteen and fully competent to make this affidavit. I am one of the attorneys of record, in the above-entitled and numbered cause, for Plaintiffs. I am duly authorized to make this affidavit. I have read the above and foregoing "Motion for Continuance" and everything contained therein is true and correct. The parties are diligently working to schedule additional, necessary testing but have been unable to conduct the requisite testing in sufficient time to proceed with trial on October 13, 2008. This continuance is SUBSCRIBED AND SWORN TO BEFORE ME, on this the \\ day of June, 2008, to certify which witness my hand and seal of office. 1D0ZA NO? JV RY PUBL! [| Lender, AND MY OTSSON EXPIRES January 23, 2010 FO THE STATB EXAS MY COMMISSION EXPIRES: CERTIFICATE OF CONFERENCE Plaintiff certifies, pursuant to Rule 191.2, Texas Rules of Civil Procedure, and the Harris County Local Rules, that all parties are in agreement of a Motion for Continuance. However, the parties have resolved the matters contained herein and a hearing is not required. SIGNED this the | \ day of June, 2008. BRIAN C. STEWARD CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing has been served, VIA TELEPHONIC DOCUMENT TRANSFER ONLY, on: Mr. Christopher McDaniel Hortman Harlow Martindale Bassi Robinson & McDaniel, PLLC Attorneys at Law 414 West Oak Street Laurel, Mississippi 39440 ATTORNEY FOR PLAINTIFFS Mr. J. Chad Parker The Parker Firm, P.C. 112 E. Line, Ste. 202 Tyler, Tx 75702 ATTORNEY FOR DEFENDANT, SONERRA RESOURCES CORPORATION John C. Kilpatrick Law Offices of Kilpatrick & White 2777 Allen Parkway, Suite 622 Houston, Texas 77019 ATTORNEY FOR DEEFNDANT, KIRKHILL MANUFACTURING COMPANY aka KMC RUBBER PRODUCTS Ronald Max Raydon Law Offices of Ronald Max Raydon 1718 Fry Road, Suite 450 Houston, Texas 77084 ATTORNEY FOR DEFENDANT, ADVANCED POLYMER TECHNOLOGIES Joe Grady Tuck Derek R. Van Gilder Law Office of Joe Grady Tuck Law Office of Derek R. Van Gilder 1404 Pine Street 916 Main Street Bastrop, Texas 78602 Bastrop, Texas 78602 ATTORNEYS FOR DEFENDANT, HARBOR PRODUCTS Mr. Jeffrey S. Davis Gardere Wynne Sewell LLP 1000 Louisiana, Suite 3400 Houston, Texas 77002 ATTORNEY FOR DEFENDANT, SMITH INTERNATIONAL, INC. Mr. E. Wayne Shuffield Adami, Shuffield, Scheihing & Burns 9311 San Pedro, Suite 900 San Antonio, Texas 78216 ATTORNEY FOR INTERVENOR, NEW HAMPSHIRE INSURANCE COMPANY onthisthe _\\___day of June “ p ac KeErrerRMAN Row.anp & WESTLUND ATTORNEYS AT LAW 16500 SAN PEDRO SUITE 302 + SAN ANTONIO, TEXAS 78232 + TELEPHONE: (210) 490-7402 FACSIMILE: (210) 490-8372 » www krwlawyers.com DOUGLAS D. KETTERMAN ¢# ‘+ BOARD CERTIFED - PERSONAL INJURY TRIALLAW. ‘TEXAS BOARD OF LEGAL SPECIALIZATIM ROBERT A. POLLOM MICHAEL R. ROWLAND BRIAN C. STEWARD R. SCOTT WESTLUND OF COUNSEL June 12, 2008 FILED Theresa Chan; District Clerk Ms. Darla Coons Harris County District Clerk JUN 24 200g Time: 201 Carolina, 9" Floor ants County, Texas Houston, Texas 77002-1902 By, apy RE Billy Jack McDaniel, A’Leta McDaniel, Indivually and as Next Friend of Carney McDaniel. a Minor vs. Smith International. Inc. and Sonerra Resources Corporation Cause No. 2007-75537; In the 61" Judicial District, Harris County, Texas Dear Ms. Coons Pursuant to the above-referenced matter, enclosed please find the original and one (1) copy of the Agreed Motion for Continuance and Agreed Order Granting Motion for Continuance which I would appreciate your filing with the Court. Upon filing, I would appreciate your forwarding the conformed copies my attention in the envelope enclosed for your convenience. Should you have any questions or concerns, please do not hesitate to call. PU na Q nthia pZa| egal As! /eym Enclosures ce: Mr. Christopher McDaniel VIA FACSIMLE #601/649-6062 Mr. J. Chad Parker VIA FACSIMLE #903/595-2864 Mr. John C, Kilpatrick VIA FACSIMLE #713/523-8835 Mr. Ronald Max Raydon VIA FACSIMLE #281/398-6403 Mr. Joe Grady Tuck VIA FACSIMLE #512/321-4946 Mr. Derek R. Van Gilder VIA FACSIMLE #512/332-0900 Mr. Jeffery S. Davis VIA FACSIMLE #713/276-6806 Mr. E. Wayne Shuffield VIA FACSIMLE #210/344-7228