Supreme Court

Case: 08-0198    
08-0198
03/14/2008
Petition for Writ of Mandamus
IN RE JAMES ANDERSON, PATRICIA ANDERSON, JACK CROWDER, CATHY CROWDER, GARY DZYAK, GEORGE ROSEMEIER, EVELYN ROSEMEIER, TOBY SIMMONS, AND PEGGY SIMMONS 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/17/2010Reply to Response to Motion for Rehearing filedRelator Relator's reply in support of rehearing (12) filed on behalf of James Anderson, et al.
04/30/2010Response to Motion for RehearingReal Parties in Interest Berryman Products, Inc.'s Response to Relators' Motion for Rehearing and Joinder in and Adoption of the Response(s) of all other Real Parties in Interest. (12)
04/30/2010Response to Motion for RehearingReal Parties in Interest On behalf of Crown Central LLC, et al. (12)
03/12/2010Motion for RehearingRefers to Petition for Writ of Mandamus Rels' Mo/Re. On behalf of James Anderson, et al. (12)
10/20/2008Reply BriefRelator Relators' Reply brief on the merits filed on behalf of James Anderson, et al.(orig & 11)
10/01/2008Brief on the MeritsReal Parties in Interest Rlp, Lyondell-Citgo Refining LP, et al.'s brief on the merits. (12)
09/26/2008Brief on the MeritsReal Parties in Interest Berryman Products, Inc.'s brief on the merits.
09/26/2008Brief on the MeritsReal Parties in Interest RLP's brief on the merits filed on behalf of Crown Central LLC, et al. (orig & 11)
08/26/2008Brief on the MeritsRelator REL's BOM (12) filed on behalf of James Anderson, et al.
06/17/2008Additional citations received.Relator Citing two recent opinions: Union Carbide Corp. v. Lofton, No. 09-08-061-CV (Tex. App.-Beaumont June 12, 2008) and Shell Oil Co. v. Baran, No. 09-08-062-CV (Tex. App.-Beaumont June 12, 2008).  Copies of the opinions attached
06/10/2008Reply to ResponseRelator Reply to response to mandamus.  On behalf of James Anderson, et al. (12)
05/15/2008Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to Mandamus (12) filed on behalf of Crown Central, LLP, et al.
05/14/2008Response to Petition for Writ of Mandamus FiledReal Parties in Interest Rlps' response to pet for writ of mandamus.  On behalf of Lyondell-Citgo Refining LP, et al. (12)
03/14/2008Appendix FiledRelator Attached to Mandamus
03/14/2008Petition for Writ of Mandamus filedRelator Mandamus (12) appendix attached, filed on behalf of James Anderson, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
10/27/2008Adoption by another party of brief already filed  Respondent Rust-Oleum Corp.'s joinder in and adoption of Crown Central, LLC, et al.'s brief on the merits (orig & 11)
10/27/2008Adoption by another party of brief already filed  Rlp, Barryman Products, Inc.'s joinder in and adoption of other respondents' brief on the merits. (12)
10/21/2008Electronic copies of brief posted to website  #08019807  Relators' Reply Brief on the Merits  Filed: 10/20/08
10/20/2008Reply Brief  Relators' Reply brief on the merits filed on behalf of James Anderson, et al.(orig & 11)
10/14/2008Adoption by another party of brief already filed  RLP's joinder in and notice of adoption of Crown Central's BOM (12) filed on behalf of Hess Corp.
10/08/2008Motion for Extension of Time disposed.Filing granted RLP Radiator Specialty Company's m/e/t to file response to petition for writ of mandamus granted.  RLP's notice of joinder and adoption of brief on the merits in support of response to petition for writ of mandamus filed on 9/30/08.
10/01/2008Brief on the Merits  Rlp, Lyondell-Citgo Refining LP, et al.'s brief on the merits. (12)
09/30/2008Motion for Extension of Time to File Brief filed  M/E/T to file rlp's brief on the merits.  On behalf of Radiator Specialty Company. (12)
09/30/2008Adoption by another party of brief already filed  RLP's notice of Joinder and adoption of BOM in support of Response to Mandamus (12) filed on behalf of Radiator Specialty Co.
09/29/2008Electronic copies of brief posted to website  #08019806  Crown Central - Brief on the Merits  Filed: 09/26/08
09/26/2008Brief on the Merits  Berryman Products, Inc.'s brief on the merits.
09/26/2008Brief on the Merits  RLP's brief on the merits filed on behalf of Crown Central LLC, et al. (orig & 11)
09/26/2008Adoption by another party of brief already filed  RLP, Curran Paint and Varnish Co's joinder in adoption of rlp's Crown Central, LLC, et al's brief on the merits.
09/26/2008Adoption by another party of brief already filed  RLP, LPS Labs, et al.'s notice of joinder and adoption of brief on the merits in support of response to mandamus.  (12)
09/26/2008Motion for Extension of Time disposed.Filing granted Lyondell-Citgo Refining LP, et al.'s 2nd m/e/t to file file rlp's bom is granted.   RLP's Br is due n/l/t 3pm, October 3, 2008.  Reply br is due n/l/t 3pm, October 20, 2008.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.
09/26/2008Motion for Extension of Time disposed.Filing dismissed as moot Lyondell-Citgo Refining LP, et al.'s first m/e/t to file RLP's bom is dismissed as moot.
09/25/2008Phone call from Clerk's Office  Spoke w/ asst. for Mr. Berlanga.  Informed her that the first m/e/t would be dismissed as moot, and that the second m/e/t had been granted.
09/24/2008Adoption by another party of brief already filed  Rust-Oleum Corp's joinder in and adoption of Crown Central, LLC, et al.'s brief on the merits. (12)
09/24/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file rlp's brief on the merits.  On behalf of Lyondell-Citgo Refining LP., et al. (12)
09/23/2008Motion for Extension of Time disposed.Filing granted Curran Paint & Varnish Company's m/e/t to file file rlp's bom is granted.   RLP's Br is due n/l/t 3pm, September 26, 2008.  Reply br is due n/l/t 3pm, October 13, 2008.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.
09/23/2008Motion for Extension of Time disposed.Filing granted Radiator Specialty Company's m/e/t to file file rlp's bom is granted.   RLP's Br is due n/l/t 3pm, September 26, 2008.  Reply br is due n/l/t 3pm, October 13, 2008.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.
09/23/2008Motion for Extension of Time to File Brief filed  RLP's unopposed m/e/t to file bom (12) filed on behalf of Radiator Specialty Co.
09/22/2008Motion for Extension of Time disposed.Filing granted Crown Central LLC, et al.'s m/e/t to file file rlp's bom is granted.   RLP's Br is due n/l/t 3pm, September 26, 2008.  Reply br is due n/l/t 3pm, October 13, 2008.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.
09/22/2008Motion for Extension of Time disposed.Filing granted LPS Laboratories, et al's m/e/t to file file rlp's bom is granted.   RLP's Br is due n/l/t 3pm, September 26, 2008.  Reply br is due n/l/t 3pm, October 13, 2008.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.
09/19/2008Phone call from Clerk's Office  to Mr. Robert Scott.  Re: to request $10 fee for m/e/t to file rlp's brief.  Spoke w/Cecil, Mr. Scott's secretary, and she will get the fee right away.
09/19/2008Phone call from Clerk's Office  Second call to Mr. Ty Buthod.  Re: to request $10 fee for m/e/t to file bom.  Spoke w/Tracy, and she said that offices in Houston were closed bcs the Hurricane Ike.  She will get the fee today.
09/19/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file rlp's brief on the merits.  On behalf of Curran Paint & Varnish Company. (12)
09/18/2008Motion for Extension of Time disposed.Filing granted Rust-Oleum Corporation's m/e/t to file file rlp's bom is granted.   RLP's Br is due n/l/t 3pm, September 26, 2008.  Reply br is due n/l/t 3pm, October 13, 2008.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.
09/18/2008Motion for Extension of Time disposed.Filing granted Berryman Products, Inc.'s m/e/t to file file rlp's bom is granted.   RLP's Br is due n/l/t 3pm, September 26, 2008.  Reply br is due n/l/t 3pm, October 13, 2008.  FURTHER REQS WILL BE DISFAVORED.  MAILBOX RULE DNA.
09/17/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file brief on the merits.  On behalf of Rust-Oleum Corp. (12)
09/17/2008Phone call from Clerk's Office  to Ms. Susan Carstens.  Re: to request $10 filing fee for extension.  Left msg for Ms. Carstens.
09/17/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file rlps' brief on the merits.  On behalf of LPS Laboratories, et al. and Illinois Tool Works Inc. (12)
09/16/2008Motion for Extension of Time to File Brief filed  RLP's unopposed m/e/t to file bom (12) filed on behalf of Berryman Products, Inc.
09/12/2008Motion for Extension of Time to File Brief filed  RLP's m/e/t to file bom (12) filed on behalf of Lyondell-Citgo Refining LP.
09/12/2008Phone call from Clerk's Office  to Mr. Ty Buthod.  Re: to request $10 fee.  Left msg on his VM.
09/12/2008Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file brief on the merits.  On behalf of Crown Central LLC, et al.; The Dow Chemical Company; Shell Oil Company, et al.; and Chevron USA, Inc., et al. (12)
09/09/2008Electronic copies of brief posted to website  #08019805  Relator's Brief on the Merits  Filed: 08/26/08
08/26/2008Brief on the Merits  REL's BOM (12) filed on behalf of James Anderson, et al.
07/24/2008Motion for Extension of Time disposed.Filing granted M/e/t to file rel's bom is granted.   Rel's br is due n/l/t 3pm, August 27, 2008.  RLP's br is due n/l/t 3pm, September 16, 2008.  Reply br is due n/l/t 3pm, October 1, 2008.  Further reqs will be disfavored.  mailbox rule dna.
07/23/2008Motion for Extension of Time to File Brief filed  REL's Unopposed m/e/t to file bom (12) filed on behalf of James Anderson, et al.
07/18/2008Electronic copies of brief posted to website  #08019804  Reply to Response to Petition for Writ of Mandamus  Filed: 06/10/08
07/18/2008Electronic copies of brief posted to website  #08019803  Lyondell-Citgo Refining - Response to Petition for Writ of Mandamus  Filed: 05/14/08
07/18/2008Electronic copies of brief posted to website  #08019802  Crown Central - Response to Petition for Writ of Mandamus  Filed: 05/15/08
07/18/2008Electronic copies of brief posted to website  #08019801  Petition for Writ of Mandamus  Filed: 03/14/08
06/26/2008Brief on the Merits Ordered  Brief on the merits requested:  Rel br due n/l/t 3:00  p.m. on 7/28/08; Rsp br due 8/18/08; Reply br due 9/2/08; mlbx rule d/n/a
06/17/2008Additional citations received.  Citing two recent opinions: Union Carbide Corp. v. Lofton, No. 09-08-061-CV (Tex. App.-Beaumont June 12, 2008) and Shell Oil Co. v. Baran, No. 09-08-062-CV (Tex. App.-Beaumont June 12, 2008).  Copies of the opinions attached
06/15/2010Case Stored  G02 Row 17 E-2
06/10/2008Reply to Response  Reply to response to mandamus.  On behalf of James Anderson, et al. (12)
06/02/2008Motion for Extension of Time disposed.Filing granted RLP Rust-Oleum Corp's unopposed m/e/t for filing joinder in response to mand is granted.  Joinder was filed May 29, 2008.
05/29/2008Motion for Extension of Time filed  Unopposed m/e/t to file joinder (incorporated w/joinder in and adoption of Crown Central, LLC, et al.'s response to mandamus). On behalf of Rust-Oleum Corp. (12)
05/29/2008Adoption by another party of brief already filed  Rlp, Rust-Oleum Corporation's joinder in and adoption of Crown Central, LLC, et al.'s response to mandamus. (12)
05/28/2010Motion for Rehearing - DisposedDenied
05/22/2008Notice received  Notice of partial non-suit as to defendants, Packaging Service Co., Inc. and Solvents and Chemicals, Inc. (orig & 11)
05/17/2010Reply to Response to Motion for Rehearing filed  Relator's reply in support of rehearing (12) filed on behalf of James Anderson, et al.
05/15/2008Adoption by another party of brief already filed  Joinder in Crown Central LLC, et al's Response to Mandamus (12) filed on behalf of Hess Corp.
05/15/2008Response to Petition for Writ of Mandamus Filed  Response to Mandamus (12) filed on behalf of Crown Central, LLP, et al.
05/15/2008Adoption by another party of brief already filed  Joinder in and Adoption of Crown Central, LLC, et al's Response to Mandamus (12) filed on behalf of RLP Berryman Products, Inc.
05/15/2008Adoption by another party of brief already filed  RLP's Notice of Joinder and Adoption of Response to Petition for Writ of Mandamus (12) filed on behalf of RLP's LPS Laboratories, et al.
05/15/2008Adoption by another party of brief already filed  Rlp, Radiator Specialty Company joinder in and adoption of Crown Central LLC, et al.'s response to mandamus. (12)
05/15/2008Adoption by another party of brief already filed  Rlp, Curran Paint & Varnish Company joinder in and adoption of rlp, Crown Central, LLC, et al.'s response to mandamus. (12)
05/14/2008Response to Petition for Writ of Mandamus Filed  Rlps' response to pet for writ of mandamus.  On behalf of Lyondell-Citgo Refining LP, et al. (12)
04/30/2010Response to Motion for Rehearing  Berryman Products, Inc.'s Response to Relators' Motion for Rehearing and Joinder in and Adoption of the Response(s) of all other Real Parties in Interest. (12)
04/30/2010Adoption by another party of brief already filed  Rust-Oleum Corporation's JOINDER in and notice of ADOPTION of Response(s) to Relators' Motion for Rehearing. (12)
04/30/2010Phone call from Clerk's Office  Spoke with Elizabeth Lewis and she will be sending us an electronic version of their response to motion for rehearing.
04/30/2010Response to Motion for Rehearing  On behalf of Crown Central LLC, et al. (12)
04/30/2010Adoption by another party of brief already filed  LPS Laboratories, et al.'s JOINDER in and notice of ADOPTION of Real Parties in Interest Crown Central, LLC., et al.'s Response to Relators' Motion for Rehearing. (12)
04/30/2010Adoption by another party of brief already filed  Hess Corporation's JOINDER in and notice of ADOPTION of Real Parties in Interest Crown Central, LLC., et al.'s Response to Relators' Motion for Rehearing. (12)
04/24/2009Petition for Writ of Mandamus reinstated  
04/24/2009Abatement Order Lifted  Abatement order issued January 30, 2009 is lifted
04/24/2009Motion to reinstate case disposedFiling granted Relators' Unopposed Motion to Reinstate granted
04/15/2010Supreme Court of Texas Requested Response  Requested response to motion for rehearing due n/l/t 3:00 p.m. on 4/30/10; mlbx rule d/n/a
04/15/2008Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due n/l/t 3:00 p.m. on 5/15/08; mlbx rule d/n/a
03/18/2008Case forwarded to Court 
03/16/2010Case forwarded to Court 
03/14/2008Case Record Filed   Record (1) filed on behalf of James Anderson.
03/14/2008Appendix Filed  Attached to Mandamus
03/14/2008Petition for Writ of Mandamus filed  Mandamus (12) appendix attached, filed on behalf of James Anderson, et al.
03/12/2010Motion for Rehearing  Rels' Mo/Re. On behalf of James Anderson, et al. (12)
03/04/2010Motion for Extension of Time to File Motion for Rehearing disposedFiling granted 2nd M/e/t to file mo/re is granted.  Mo/re is due March 15, 2010.  NO FURTHER EXTENSIONS OF TIME FOR THIS FILING WILL BE CONSIDERED
03/03/2010Motion for Extension of Time to File Motion for Rehearing  REL's second motion for extension of time to file motion for rehearing (4) filed on behalf of James Anderson, et al.
02/13/2009Motion to Reinstate Case filed  Relators' Unopposed Motion to Reinstate.   On behalf of James Anderson, et al. (12)
02/04/2010Motion for Extension of Time to File Motion for Rehearing disposedFiling granted M/e/t to file mo/re is granted.   Mo/re is due March 3, 2010.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED
02/03/2010Motion for Extension of Time to File Motion for Rehearing  M/E/T to file Rels' Mo/Re.  On behalf of James Anderson, et al. (3)
01/30/2009Abatement Order Issued 
01/30/2009Petition for Writ of Mandamus disposedMatter in Supreme Court of Texas Abated
01/20/2009Suggestion of Bankruptcy   Rlp, Lyondell-Citgo Refining LP., et al.'s Suggestion of Bankruptcy. (12)
01/15/2010Petition for Writ of Mandamus disposedDenied
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
06/15/2010Case StoredCase stored.G02 Row 17 E-2
Parties
Party▲▼Party Type▲▼Representative▲▼
Solvents & Chemicals, Inc.Real Party in Interest Mr. Larry D. Thompson
Mr. Robert G. Smith Jr.
Lyondell-Citgo Refining LPReal Party in Interest Mr. Richard O. Faulk
Mr. Jose A. Berlanga
Ms. Diana Panian Larson
Illinois Tool Works, Inc.Real Party in Interest Ms. Susan Carstens
Hess Corp. Real Party in Interest Mr. M. C. Carrington
Mr. James G. Martingano
Anderson, JamesRelatorMr. John Milton Black
Mr. James Robert Black
Mr. Daryl L. Moore
Mr. Lance H. Lubel
Mr. Louis Jether Jones II
Ms. Pamela Stanton Baron
Radiator Specialty Co.Real Party in Interest Ms. Stacy Kay Seidlitz Yates
Mr. James M. Riley Jr.
Dow Chemical Co.Real Party in Interest Mr. Ricky A. Raven
Mr. Jonathan B. Shoebotham
Packaging Service Co., Inc.Real Party in Interest Mr. Robert G. Smith Jr.
Shell Oil Co.Real Party in Interest Ms. Karen L. Spivey
Mr. Charles Stanton Perry
Packaging Service Co., Inc.Real Party in Interest Mr. Robert G. Smith Jr.
Crown Central, LLCReal Party in Interest Mr. Tynan Buthod
Ms. Teresa Tien
Ms. Elizabeth Eve Baker Lewis
Ms. Marty Estelle Lundstrom
Curran Paint & Varnish Co.Real Party in Interest Mr. Robert Philip Scott
Ms. Marquel Sautural Jordan
Ms. Susie Denise Rosenthal
Chevron U.S.A. Inc.Real Party in Interest Mr. Michael L. Baker
Rust-Oleum Corp.Real Party in Interest Ms. Nancy Griffin Scates
Mr. Stephen P. Bega
Mr. Gregg R. Brown
Berryman Products, Inc.Real Party in Interest Mr. Larry L. Fowler Jr.
Mr. Jeffrey Roberts Allen
Court of Appeals Information:
Aff,part & Rev & Rem/prt 
239 SW3d 385, 10-11-07 
9th Court of Appeals 
Honorable Charles Kreger 
Trial Court Information
128th District Court 
Orange 
Honorable Patrick Allen Clark 
A-060640-C