Strata BV SWD, LLC, BVCITI, LP; BVCITI GP, LLC; BV Partners, LP; BV Partners GP, LLC; Thomas A Leiser; Pryor Blackwell; and Charles A. Anderson v. Marathon Oil Company Appeal from 193rd Judicial District Court of Dallas County (memorandum opinion)

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DISMISS and Opinion Filed December 30, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00799-CV STRATA BV SWD, LLC, BVCITI, LP; BVCITI GP, LLC; BV PARTNERS, LP; BV PARTNERS GP, LLC; THOMAS A LEISER; PRYOR BLACKWELL; AND CHARLES A. ANDERSON, Appellants V. MARATHON OIL COMPANY, Appellee On Appeal from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-14153 MEMORANDUM OPINION Before Justices Bridges, Whitehill, and Nowell Opinion by Justice Bridges The brief in this accelerated appeal has not been filed because the parties have been attempting to settle their dispute. The parties were scheduled to mediate on October 14, 2019. Based on the date of mediation, we ordered appellants to file either their opening brief or a motion to dismiss no later than November 4, 2019. On November 15, 2019, when appellants had not complied, we ordered them to file the opening brief or motion to dismiss no later than November 25, 2019. Our November 15th order cautioned appellants that failure to comply could result in dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c). To date, appellants have failed to comply and have not otherwise communicated with the Court. Accordingly, we dismiss the appeal. See id. 38.8(a)(1), 42.3(b),(c). /David L. Bridges/ DAVID L. BRIDGES JUSTICE 190799F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT STRATA BV SWD, LLC, BVCITI, LP; BVCITI GP, LLC; BV PARTNERS, LP; BV PARTNERS GP, LLC; THOMAS A LEISER; PRYOR BLACKWELL; AND CHARLES A. ANDERSON, Appellants No. 05-19-00799-CV On Appeal from the 193rd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-17-14153. Opinion delivered by Justice Bridges, Justices Whitehill and Nowell participating. V. MARATHON OIL COMPANY, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Marathon Oil Company recover its costs, if any, of this appeal from appellants Strata BV SWD, LLC, BVCITI, LP; BVCITI GP, LLC; BV Partners, LP; BV Partners GP, LLC; Thomas A Leiser; Pryor Blackwell; and Charles A. Anderson. Judgment entered December 30, 2019. –3–

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