Supreme Court

Case: 08-0419    
08-0419
05/30/2008
Petition for Review/Cause under Rule 53.1
THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO 
KIA BAILEY AND LARRY BAILEY 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
05/08/2009Reply BriefPetitioner Pet's REPLY brief on the merits. On behalf of The University of Texas Health Science Center at San Antonio. (12)
04/13/2009Brief on the MeritsRespondent Respondent's brief on the merits filed on behalf of Kia Bailey, Indiv. (orig & 11)
03/06/2009Brief on the MeritsPetitioner Pet's brief on the merits. On behalf of The University of TX Health Science Center @ San Antonio. (12)
11/18/2008Reply BriefPetitioner Petitioner's reply to response to petition for review filed on behalf of The University of Texas Health Science Center at an Antonio (orig & 11)
11/03/2008Redrafted briefRespondent Redrafted Response to PFR (12) filed on behalf of Kia Bailey, et al.
10/24/2008Response to Petition  Response to petition for review (of Oct 2) is struck pursuant to TRAP 53.6; redrafted response due 11/3/08.
10/02/2008Response to PetitionRespondent Response to pet/rev.  On behalf of Kia Bailey, et al. (12)
07/02/2008Appendix FiledPetitioner attached to PFR
07/02/2008Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Univ. of Tex. Health Science Center at Houston.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/30/2008Motion for Extension of Time disposed.Filing granted Unopposed m/e/t to file brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 2/4/09; Rsp br due 2/24/09; Reply br due 3/11/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
12/19/2008Motion for Extension of Time to File Brief filed  PET's unopposed m/e/t to file BOM (3) filed on behalf of the University of Texas Health Science Center.
12/18/2008Designation of Lead Counsel   PET's designation of lead counsel: Michael Murphy, Solicitor General's Office, P.O. Box 12548 (MC 059), Austin, Texas 78711, Tel. (512)936-2995.
12/09/2008Record Requested in Case 
12/05/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 1/5/09; Rsp br due 1/26/09; Reply br due 2/10/09; mlbx rule d/n/a
11/18/2008Reply Brief  Petitioner's reply to response to petition for review filed on behalf of The University of Texas Health Science Center at an Antonio (orig & 11)
11/03/2008Redrafted brief  Redrafted Response to PFR (12) filed on behalf of Kia Bailey, et al.
10/24/2008Phone call from Clerk's Office  Call made to Steven Aldous regarding struck response.  Redrafted response due 11/3/08
10/24/2008MET to file reply disposed ofFiling dismissed as moot m/e/t to file reply brief (incorporated w/in motion to strike rsp) dismissed as moot
10/24/2008Motion to strike disposedFiling dismissed as moot Pet's motion to strike response dismissed as moot.  response struck pursuant to TRAP 53.6 and redrafted resp due 11/3/08
10/24/2008Response to PetitionFiled document is struck by the Court Response to petition for review (of Oct 2) is struck pursuant to TRAP 53.6; redrafted response due 11/3/08.
10/15/2008Call received  Mr. Aldous informed the Court that he would file a response ASAP.
10/15/2008Phone call from Clerk's Office  to Mr. Steven Aldous.  Re: to inquire if resp is going to file a resp to motion to strike or not .  Left msg w/Sarah and requested call back.
10/14/2008Motion to Extend Time to File Reply filed  Pet's m/e/t to file reply to response (incorporated w/motion to strike resp).  On behalf of the University of Texas Health Science Center at San Antonio. (12)
10/14/2008Motion to Strike filed  Pet's motion to strike resp's response (incorporated w/m/e/t to file reply).  On behalf of the University of Texas Health Science Center at San Antonio. (12)
10/07/2009Oral argument   argued on behalf of pet by Michael P. Murphy; argued on behalf of resp by Steven E. Aldous
10/02/2008Response to Petition  Response to pet/rev.  On behalf of Kia Bailey, et al. (12)
09/25/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by pet atty Michael P. Murphy of Office of Attorney General of Austin
09/03/2008Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 10/3/08; mlbx rule d/n/a
08/28/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by rsp atty Steven E. Aldous of Braden, Varner & Aldous, P.C. of Dallas
08/05/2008Case forwarded to Court 
07/11/2011Case Stored  G02 Row 19 D-4
07/10/2009Case set for oral argumentCase set for oral argument Set for OA on 10/7/09 at 9:00 a.m.; time allotted to argue: 20/20 minutes
07/02/2008Appendix Filed  attached to PFR
07/02/2008Petition for Review  PFR appendix attached (12) filed on behalf of Univ. of Tex. Health Science Center at Houston.
06/26/2009Petition for Review granted 
06/26/2009Petition for Review disposedFiling granted Date and time are not set at this time
06/18/2008Notice from attorney regarding vacation dates  Pet's counsel, Mr. Jason Warner will be on vacation from Aug 4 - Aug 8, 2008. (1)
06/02/2008Motion for Extension of Time to File Petition for Review disposedFiling granted M/e/t to file pet/rev is granted.   Pet/rev is due July 2, 2008.
05/30/2008Motion for Extension of Time to File Petition for Review filed  Unopposed m/e/t to file pet/rev.  On behalf of The University of Texas Health Science Center at San Antonio. (12)
05/15/2009Electronic copies of brief posted to website  #08041903  Petitioner's Reply Brief  Filed: 05/08/09
05/08/2009Reply Brief  Pet's REPLY brief on the merits. On behalf of The University of Texas Health Science Center at San Antonio. (12)
04/30/2009Notice requesting filing fee  Spoke w/ asst. for Mr. Aldous.  Requested fee and sent fee request.
04/21/2009Motion for Extension of Time disposed.Filing granted Pet's m/e/t to file reply bom is granted.   Reply br is due n/l/t 3pm, May 8, 2009.  Further reqs will be disfavored.  mailbox rule dna.
04/20/2009Phone call from Clerk's Office  Spoke w/ Asst. for Mr. Aldous.  She informed the Court that the $10.00 fee would be sent right away.
04/20/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pet's reply brief on the merits. On behalf of The University of Texas Health Science Center @ San Antonio. (3)
04/15/2009Electronic copies of brief posted to website  #08041902  Respondents' Brief on the Merits  Filed: 04/13/09
04/13/2009Brief on the Merits  Respondent's brief on the merits filed on behalf of Kia Bailey, Indiv. (orig & 11)
04/06/2009Motion for Extension of Time disposed.Filing granted M/e/t to file resp bom is granted.   Resp br is due n/l/t 3pm, April 9, 2009.  Reply br is due April 24, 2009.  Further requests will be disfavored. mailbox rule dna.
04/03/2009Phone call from Clerk's Office  Michael Murphy informed the Court that the motion is unopposed.
03/30/2009Motion for Extension of Time to File Brief filed  RSP's motion for extension of time to file brief (3) filed on behalf of Kia Bailey, et al.
03/12/2009Electronic copies of brief posted to website  #08041901  Petitioner's Brief on the Merits  Filed: 03/06/09
03/06/2009Brief on the Merits  Pet's brief on the merits. On behalf of The University of TX Health Science Center @ San Antonio. (12)
03/03/2011Mandate issued  Mandate & Cost Bill Issued
01/30/2009Motion for Extension of Time disposed.Filing granted 2nd  m/e/t to file brief on the merits is granted.  Pet br due n/l/t 3:00 p.m. on 3/6/09; Rsp br due 3/26/09; Reply br due 4/10/09; mlbx rule d/n/a.  NO Further requests of time will be considered.
01/21/2011Court approved judgment sent to attorneys of recordIssued
01/21/2011Opinion issuedCourt of Appeals' judgment affirmed
01/21/2009Call received  from Mr. Aldous to let the Court know that he hasn't rec'd the motion but he is planning to file a response to it.
01/21/2009Phone call from Clerk's Office  to Mr. Aldous.  Re: to inquire if resp is going to file a response to motion.  Left msg w/his secretary. Requested call back.
01/20/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
01/20/2009Motion for Extension of Time to File Brief filed  Opposed m/e/t to file pet's brief on the merits. On behalf of The Univ. of TX Health Science Center @ San Antonio. (3)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/11/2011Case StoredCase stored.G02 Row 19 D-4
Parties
Party▲▼Party Type▲▼Representative▲▼
The University of Texas Health Science Center at San AntonioPetitionerMr. James C. Ho
Mr. Matthew Jason Warner
Ms. Danica Lynn Milios
Ms. Nelly R. Herrera
Mr. C. Andrew Weber
Mr. David S. Morales
Honorable Kent C. Sullivan
Mr. Michael P. Murphy
Mr. Gregory Abbott
Bailey, KiaRespondentMr. Robert Ray Varner Jr.
Mr. Steven E. Aldous
Court of Appeals Information:
Reversed & Remanded 
261 SW3d 147, 04-16-08 
4th Court of Appeals 
Honorable Rebecca Simmons 
Trial Court Information
285th District Court 
Bexar 
Honorable Andy Mireles 
2005-CI-11435