Supreme Court

Case: 07-1050    
07-1050
12/21/2007
Second Petition for Review/Cause under Rule 53.1
ZACHRY CONSTRUCTION CORPORATION, ET AL. 
TEXAS A&M UNIVERSITY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/22/2009Additional citations received.Event related to first petition filed in case. Citing few cases from the 14th COA and 1st COA.  On behalf of pet 1, Zachary Construction Corp., et al. (12)
04/13/2009Response to Motion for RehearingRespondent Texas A&M University response to both motions for rehearing (orig & 11)
01/26/2009Motion for Rehearing for pet #2 Rehearing filed in Petition for Review Pet #2, Scott-Macon, Ltd. joins in and adopts by reference the (pet #1) Zachry's mo/re.  (12)
01/26/2009Motion for RehearingRehearing filed in Petition for Review Pet #1's mo/re. On behalf of Zachry Construction Corp., et al. (12)
09/22/2008Reply BriefEvent related to first petition filed in case. Pet's reply brief on the merits.  On behalf of (pet 1) Zachry Construction Corp., et al. (12)
09/08/2008Brief on the MeritsRespondent Resp, Texas A&M University's response brief on the merits to pet #1's brief.  (12)
08/22/2008Reply BriefEvent related to subsequent petition filed in case. Pet #2 TX Aggie Bonfire Committee & Scott-Macon, Ltd.'s reply brief on the merits.  (12)
08/06/2008Brief on the MeritsRespondent TX A&M University's response brief on the merits to joint TX Aggie Bonfire Committee and Scott Macon, Ltd.'s brief. (12)
06/18/2008Brief on the MeritsEvent related to subsequent petition filed in case. PET #2's BOM (12) filed on behalf of Texas Aggie Bonfire Committee and Scott-Macon, Ltd.
06/17/2008Brief on the MeritsEvent related to first petition filed in case. PET'S BOM (12) filed on behalf of Zachry construction Corp, et al.
04/04/2008Reply to ResponseEvent related to subsequent petition filed in case. Joint Reply of Texas Aggie Bonfire Committee and Scott-Macon, Ltd.
04/01/2008Reply to ResponseEvent related to first petition filed in case. Pet #1, Zachry Construction Corp, et al's reply to Texas A&M's response to pet/rev.  (12)
03/20/2008Response to PetitionRespondent Response to petitions for review. On behalf of Texas A&M University. (12)
01/03/2008Appendix FiledEvent related to subsequent petition filed in case. Appendix attached to pet/rev.
01/03/2008Petition for Review #2Petitioner Joint pet/rev filed on behalf of Texas Aggie Bonfire Committee and Scott-Macon, Ltd. (12)
12/21/2007Appendix FiledPetitioner Attached to PFR
12/21/2007Petition for ReviewPetitioner Filed on behalf of Zachry Construction Corp. (12) appendix attached
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2007Appendix Filed  Attached to PFR
12/21/2007Petition for Review  Filed on behalf of Zachry Construction Corp. (12) appendix attached
12/05/2008Letter Filed  Letter to clarify that the relief sought in the joint motion to dismiss is not intended to impact or otherwise affect the pet/rev filed by Scott-Macon, Ltd. (12)  On behalf of TX Aggie Bonfire Commission, et al.
12/05/2008Response to Motion filed  Petitioner, Scott-Macon, Ltd's response to pet, Texas Aggie Bonfire Comm. & resp, Texas A&M Univ. , joint motion to dismiss(orig & 11)
11/25/2008Supreme Court of Texas Requested Response  Requested response from Scott-Macon, Ltd to joint motion to dismiss due n/l/t 3:00 p.m. on 12/5/08; mlbx rule d/n/a
11/20/2009Motion to dismiss disposedDenied motion to dismiss denied
11/20/2009Opinion issuedPetition improvidently granted; Order denying petition withdrawn; Petition denied
11/20/2009Opinion issuedPetition improvidently granted; Order denying petition withdrawn; Petition denied
11/20/2009Previous Order of the Court withdrawn  order issued 7/10/09, granting petitions for review, withdrawn
11/19/2008Motion to dismiss  Joint motion to dismiss TABC's PFR (12) filed on behalf of Texas Aggie Bonifire Committe & RSP Texas A&M University.
11/19/2008Phone call from Clerk's Office  To Mr. Chris Volf's office to request a $10 fee for joint motion to dismiss.
11/13/2008Response to Motion filed  TX A&M's response to pet #1, Zachry Defendents' motion to leave to amend their pet/rev... (12)
11/03/2008Motion for Leave to File Amended Petition filed  Pet #1, Zachry Construction Corp., et al.'s motion for leave to amend their pet/rev; ALTERNATIVELY, motion to dismiss the Zachry defendants' pet/rev as moot (and w/out reference to the merits) If (but ONLY if) this Court determines that TX A&M University is now, and will at the time of Submission be, a "settling person" for proportionate responsibility purposes. (12)
09/22/2008Electronic copies of brief posted to website  #07105009  Zachry - Reply Brief  Filed: 09/22/08
09/22/2008Reply Brief  Pet's reply brief on the merits.  On behalf of (pet 1) Zachry Construction Corp., et al. (12)
09/10/2008Electronic copies of brief posted to website  #07105008  Texas A&M - Respondent's Brief on the Merits  Filed: 09/08/08
09/10/2008Electronic copies of brief posted to website  #07105007  TABC & Scott-Macon - Joint Reply Brief on the Merits  Filed: 08/22/08
09/08/2009Oral argument   argued on behalf of petitioners by Ben Taylor of Fulbright & Jaworski LLP from Dallas; argued on behalf of respondent by James C. Ho of the Office of the Attorney General from Austin
09/08/2009Oral argument   argued on behalf of petitioners by Ben Taylor of Fulbright & Jaworski LLP from Dallas; argued on behalf of respondent by James C. Ho of the Office of the Attorney General from Austin
09/08/2008Brief on the Merits  Resp, Texas A&M University's response brief on the merits to pet #1's brief.  (12)
09/02/2009Response to Motion filed  Response to motion to dismiss (12) filed on behalf of Scott-Macon, Ltd.
09/01/2009Reply to Response to Motion  Resp's REPLY in support of motion to dismiss pets' cases as moot pursuant to TRAP 56.2.  On behalf of Texas A&M University. (12)
09/01/2009Response to Motion filed  Petitioner's response and opposition to motion of Texas A&M University to dismiss pet's cases as moot. (orig & 11) On behalf of Zachry Construction
08/27/2009Supreme Court of Texas Requested Response  Response requested to motion to dismiss due n/l/t 5:00 p.m. on 9/1/09; mlbx rule d/n/a.  Email is acceptable with hard copies to follow.
08/27/2009Motion to dismiss  Motion to dismiss pets' cases as moot pursuant to TRAP 56.2.  On behalf of Texas A&M University. (12)
08/26/2009Designation of Lead Counsel   Designation of lead counsel for respondent, Texas A&M University.  James C. Ho, Asst. Solicitor General of the Office of the Attorney General will now serve as lead appellate counsel. (orig & 11)
08/22/2008Reply Brief  Pet #2 TX Aggie Bonfire Committee & Scott-Macon, Ltd.'s reply brief on the merits.  (12)
08/12/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by rsp atty James C. Ho of the Office of the Attorney General of Austin
08/12/2008Electronic copies of brief posted to website  #07105005  Texas A&M - Brief on the Merits in Response to Joint Brief of TABC/Scott-Macon  Filed: 08/06/08
08/07/2008Motion for Extension of Time disposed.Filing granted Tx A&M University's unopposed m/e/t to file brief on the merits granted.  Rsp br due 9/8/08; Reply br due 9/23/08; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
08/06/2008Brief on the Merits  TX A&M University's response brief on the merits to joint TX Aggie Bonfire Committee and Scott Macon, Ltd.'s brief. (12)
08/06/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file resp's bom to the Zachry's bom.  On behalf of TX A&M University.  (12)
08/04/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by pet Scott-Macon, Ltd. by Ben Taylor of Fulbright & Jaworski L.L.P. of Dallas
07/30/2009Correction filed (See Remarks)  Correction to Notice of Appearance of Counsel filed on July 29, 2009.  On behalf of RESP, Texas A&M University. (12)
07/29/2009Phone call from Clerk's Office  Verified that the notice of appearance is for respondent Texas A&M Univ.
07/29/2009Notice of Appearance  RSP's notice of appearance:  Kristofer S. Monson (12) filed on behalf of Texas A&M Univ.
07/15/2009Oral Argument Submission Form from Attorney received  OA submission form submitted on behalf of pet#1 Zachry Construction by Ben Taylor of Fulbright & Jaworski, L.L.P. of Dallas
07/10/2009Case set for oral argumentCase set for oral argument OA set for 9/8/09; time allotted to argue: 20/20 minutes
07/10/2009Case set for oral argumentCase set for oral argument Set for OA on 9/8/09 at 9:00 a.m.; time allotted to argue:  20/20 minutes
07/08/2008Motion for Extension of Time disposed.Filing granted Resp's m/e/t to file bom is granted.   Resp's br is due n/l/t 3pm, August 7, 2008.  Reply is due n/l/t 3pm, August 22, 2008.  Further requests will be disfavored.  Mailbox rule dna.
07/07/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file resp's brief on the merits.  On behalf of TX A&M University.  (12)
06/22/2009Additional citations received.  Citing few cases from the 14th COA and 1st COA.  On behalf of pet 1, Zachary Construction Corp., et al. (12)
06/19/2008Electronic copies of brief posted to website  #07105004  TABC/Scott-Macon - Petitioner's Brief on the Merits  Filed: 06/18/08
06/18/2008Brief on the Merits  PET #2's BOM (12) filed on behalf of Texas Aggie Bonfire Committee and Scott-Macon, Ltd.
06/17/2008Electronic copies of brief posted to website  #07105003  Zachary - Petitioner's Brief on the Merits  Filed: 06/17/08
06/17/2008Brief on the Merits  PET'S BOM (12) filed on behalf of Zachry construction Corp, et al.
06/12/2008Case Record Filed   inventory in main remarks.
05/20/2008Electronic copies of brief posted to website  #07105002  Zachary - Reply to Response  Filed: 04/01/08
05/20/2008Electronic copies of brief posted to website  #07105001  Zachary - Petition for Review  Filed: 12/21/07
05/19/2008Record Requested in Case 
05/19/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 6/18/08; Rsp br due 7/8/08; Reply br due 7/23/08; mlbx rule d/n/a
05/15/2009Petition for Review granted  #2 mo/re granted; denial of petition withdrawn; grant process opened
05/15/2009Petition for Review granted  mo/re granted; denial of petition withdrawn; grant process opened
05/15/2009Motion for Rehearing - DisposedFiling granted
05/15/2009Motion for Rehearing - DisposedFiling granted
05/15/2009Previous Order of the Court withdrawn  denial of petition for review#2 of 1/9/09 withdrawn; mo/re granted
05/15/2009Previous Order of the Court withdrawn  denial of petition for review on 1/9/09 is withdrawn; mo/re granted
04/13/2009Response to Motion for Rehearing  Texas A&M University response to both motions for rehearing (orig & 11)
04/04/2008Reply to Response  Joint Reply of Texas Aggie Bonfire Committee and Scott-Macon, Ltd.
04/01/2008Reply to Response  Pet #1, Zachry Construction Corp, et al's reply to Texas A&M's response to pet/rev.  (12)
03/31/2009Designation of Lead Counsel   Designation of lead counsel for respondent, Texas A&M University.  Beth Klusmann, Asst. Solicitor General of the Office of the Attorney General will now serve as lead appellate counsel. (orig & 11)
03/27/2009Supreme Court of Texas Requested Response  Requested responses to both motions for rehearing due n/l/t 3:00 p.m. on 4/13/09; mlbx rule d/n/a.  
03/20/2008Response to Petition  Response to petitions for review. On behalf of Texas A&M University. (12)
02/20/2008Supreme Court of Texas Requested Response  Requested responses to both petitions for review due n/l/t 3:00 p.m. on 3/21/08; mlbx rule d/n/a
01/27/2009Case forwarded to Court 
01/27/2009Case forwarded to Court 
01/26/2009Motion for Rehearing for pet #2   Pet #2, Scott-Macon, Ltd. joins in and adopts by reference the (pet #1) Zachry's mo/re.  (12)
01/26/2009Motion for Rehearing  Pet #1's mo/re. On behalf of Zachry Construction Corp., et al. (12)
01/22/2008Response Waiver filed  Filed on behalf of Texas A&M Univeristy. (12)
01/22/2008Case forwarded to Court 
01/22/2008Case forwarded to Court 
01/14/2010Case Stored  G02 Row 15 B-1
01/13/2010Record returned to Court of Appeals  Record returned to the Court of Appeals
01/13/2010Notice sent to Court of Appeals  Certified copy of notice sent to the Court of Appeals  
01/09/2009Motion to dismiss disposedFiling dismissed as moot joint motion to dismiss petition for review dismissed as moot
01/09/2009Motion for Leave to File Amended Petition disposedFiling dismissed as moot Pet #1, Zachry Construction Corp., et al.'s motion for leave to amend their pet/rev dismissed as moot
01/09/2009Petition for Review disposedDenied with Justice not sitting.
01/09/2009Petition for Review disposedDenied with Justice not sitting.
01/05/2021Document received (See Remarks)  Scanned document added from database.
01/03/2008Appendix Filed  Appendix attached to pet/rev.
01/03/2008Petition for Review #2  Joint pet/rev filed on behalf of Texas Aggie Bonfire Committee and Scott-Macon, Ltd. (12)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/14/2010Case StoredCase stored.G02 Row 15 B-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Scott-Macon, Ltd.Petitioner 2Mr. John B. Kronenberger
Mr. Randy A. Nelson
Texas A&M UniversityRespondentMr. S. Ronald Keister
Mr. Ryan D. Clinton
Mr. C. Andrew Weber
Mr. Gregory Abbott
Ms. Beth E. Klusmann
Mr. David S. Morales
Mr. James C. Ho
Mr. Kristofer S. Monson
Mr. Rafael Edward Cruz
Honorable Kent C. Sullivan
Texas Aggie Bonfire CommitteePetitioner 2Mr. Chris M. Volf
Mr. J. Mike Johanson
Zachry Construction CorporationPetitioner 1Mr. Ben Taylor
Mr. Michael C. Steindorf III
Mr. J. Jeffery Richardson
Mr. Robert D. Brown
Court of Appeals Information:
Reversed & Rendered 
236 SW3d 801, 11-14-07 
10th Court of Appeals 
Honorable William R. Vance 
Trial Court Information
361st District Court 
Brazos 
Honorable Steven Lee Smith 
03-001246-CV-361