Supreme Court

Case: 08-0453    
08-0453
06/11/2008
Second Petition for Review/Cause under Rule 53.1
GEFFREY KLEIN, M.D. AND BAYLOR COLLEGE OF MEDICINE 
CYNTHIA HERNANDEZ, AS THE PARENT AND NEXT FRIEND OF N.H., A MINOR 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
03/25/2009Supplemental Brief filedPetitioner Pet 1 & Pet 2's supplemental brief.  On behalf of Geffrey Klein, M.D. and Baylor College of Medicine. (12)
01/15/2009Reply BriefEvent related to first petition filed in case. PET #1's Reply BOM (12) filed on behalf of Geffrey Klein, M.D.
12/16/2008Brief on the MeritsRespondent Resp's brief on the merits.  On behalf of Cynthia Hernandez, et al. (12)
11/26/2008Brief on the MeritsPetitioner Pets' brief on the merits.  On behalf of pet #1, Geffrey Klein, M.D. and pet #2, Baylor College of Medicine. (12)
09/11/2008Reply to ResponseEvent related to subsequent petition filed in case. PET #2's Reply in support of PFR (12) filed on behalf of Baylor College of Medicine.
09/11/2008Reply to ResponseEvent related to first petition filed in case. Reply to response to pet/rev.  On behalf of pet #1, Geffrey Klein, M.D., et al. (12)
08/27/2008Response to PetitionRespondent Response to both petitions for review (12) filed on behalf of Cynthia Hernandez.
07/02/2008Appendix FiledEvent related to subsequent petition filed in case. Appendix attached to pet/rev.
07/02/2008Petition for Review #2Petitioner Pet/rev #2, on behalf of Baylor College of Medicine. (12)
07/02/2008Appendix FiledEvent related to first petition filed in case. Appendix attached to pet/rev.
07/02/2008Petition for ReviewPetitioner On behalf of Geffrey Klein, M.D. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/29/2008Call received  from Lilly (Mr. Skarbowski's legal asst) to let the Court know that the resp is unopposed to the pet's mos for extension of time.
12/22/2008Motion for Extension of Time to File Response  Pets' m/e/t to file response to resp's mo for sanctions (incorporated w/m/e/t to file pet's reply bom). On behalf of pet #1, Geffrey Klein, M.D. and pet #2, Baylor College of Medicine. (12)
12/22/2008Phone call from Clerk's Office  to Mr. Skarbowski, resp's lead counsel. Re: to inquire whether or not the resp is oppose or unopposed to m/e/t to file pet's reply bom. Left msg w/his legal assistant, Lilly.
12/22/2008Motion for Extension of Time to File Brief filed  M/E/T to file pet's reply brief on the merits (incorporated w/m/e/t to file resp to mo for sanctions). On behalf of pet 1, Geffrey Klein, M.D. and pet 2, Baylor College of Medicine. (12)
12/16/2008Miscellaneous Motion  Motion for sanctions (document titled as Motion for damages due to frivolous appeal). On behalf of Cynthia Hernandez, et al. (12)
12/16/2008Brief on the Merits  Resp's brief on the merits.  On behalf of Cynthia Hernandez, et al. (12)
11/26/2008Brief on the Merits  Pets' brief on the merits.  On behalf of pet #1, Geffrey Klein, M.D. and pet #2, Baylor College of Medicine. (12)
10/29/2008Motion for Extension of Time disposed.Filing granted M/E/T to file pet's brief on the merits granted.  Pet br due n/l/t 3:00 p.m. on 11/26/08; Rsp br due 12/16/08; Reply br due 12/31/08; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
10/24/2008Call received  from Mr. Skarbowski to let the Court know that he is unopposed to pet's m/e/t.
10/23/2008Phone call from Clerk's Office  to Mr. Theodore Skarbowski.  Re: to inquire whether the respondent is opposed or unopposed to the pet's m/e/t.  Left msg on Mr. Skarbowski's AM.
10/22/2008Motion for Extension of Time to File Brief filed  M/E/T to file pet's brief on the merits.  On behalf of Geffrey Klein, M.D. (12)
10/15/2009Motion for leave to file appendix dispositionFiling granted Petitioners' Motion for Leave to File Appendix of Constitutional and Legislative History is granted.
10/15/2009Phone call from Clerk's Office  S/W Terry w/ Mr. Scarbowski's office to see if he is opposed or not to the motion for leave to file appendix of constitutional and legislative history.  Per Terry, they are opposed to it but will not be filing a response unless requested by the Court.
10/14/2009Motion for Leave to File Appendix  Motion for leave to file "Appendix of Constitutional and Legislative History."  On behalf of pet 1, Geffrey Klein, M.D. & Pet 2, Baylor College of Medicine. (12)
10/14/2009Appendix to any instrument  Pets' Appendix of Constitutional and Legislative History.  On behalf of Geffrey Klein, M.D. & Baylor College of Medicine. (12)
10/07/2009Oral argument   argued on behalf of pet by Cameron Pope; and argued on behalf of resp by Robert J. Talaska and Theordore G. Skarbowski
10/07/2009Oral argument   argued on behalf of pet by Cameron Pope; and argued on behalf of resp by Robert J. Talaska and Theordore G. Skarbowski
10/03/2008Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
09/30/2009Oral Argument Submission Form from Attorney received  OA submission form on behalf of petitioners by Cameron P. Pope of Andrews Kurth LLP from Houston
09/30/2008Record Requested in Case 
09/26/2008Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 10/27/08; Rsp br due 11/17/08; Reply br due 12/2/08; mlbx rule d/n/a
09/25/2009Call received  Call from Kendall Gray stating that OA submission form and filing fees are coming.  Cameron Pope to argue on behalf of petitioners.
09/11/2008Reply to Response  PET #2's Reply in support of PFR (12) filed on behalf of Baylor College of Medicine.
09/11/2008Reply to Response  Reply to response to pet/rev.  On behalf of pet #1, Geffrey Klein, M.D., et al. (12)
09/10/2010Case Stored  G02 Row 16 A-4 (1 vol)
09/01/2009Oral Argument Submission Form from Attorney received  OA submission form submitted by rsp atty Robert J. Talaska and/or Theodore G. Skarbowski of The Talaska Law Firm of Houston
08/27/2008Response to Petition  Response to both petitions for review (12) filed on behalf of Cynthia Hernandez.
07/29/2008Supreme Court of Texas Requested Response  Requested response to both petitions for review due n/l/t 3:00 p.m. on 8/28/08; mlbx rule d/n/a
07/23/2008Letter Filed  Letter in response to resp's waiver letter filed on 7/16/08.  On behalf of pet 1, Geffrey Klein, M.D. (12)
07/22/2008Case forwarded to Court 
07/22/2008Case forwarded to Court 
07/16/2008Response Waiver filed  Response waiver (12) filed on behalf of Cynthia Hernandez, et al.
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
07/10/2009Case 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  Appendix attached to pet/rev.
07/02/2008Petition for Review #2  Pet/rev #2, on behalf of Baylor College of Medicine. (12)
07/02/2008Appendix Filed  Appendix attached to pet/rev.
07/02/2008Petition for Review  On behalf of Geffrey Klein, M.D. (12)
06/23/2010Record returned to Court of Appeals  RECORD RETURNED TO 1ST COA
06/23/2010Mandate issued  Mandate & Cost Bill Issued
06/18/2008Motion for Extension of Time to File Petition for Review disposedFiling granted Pets' m/e/t to file pet/rev is granted.   Pet/rev is due July 2, 2008.
06/17/2008Response to Motion filed  Response to m/e/t to file pet/rev filed on behalf of Cynthia Hernandez. (12)
06/13/2008Call received  from Terri, Mr. Talaska's assistant, to let the Court know that a response to motion will be file.
06/12/2008Phone call from Clerk's Office  to Mr. Talaska, resp's counsel.  Re: to inquire if resp opposed or unopposed the 53.7 motion.  Left msg w/his legal assistant, Terri.  Requested call back.
06/11/2008Motion for Extension of Time to File Petition for Review filed  M/E/T to file pet/rev.  On behalf of Geffrey Klein, M.D., et al. (12)
05/07/2010Court approved judgment sent to attorneys of recordIssued
05/07/2010Concurring Opinion issued.Issued
05/07/2010Opinion issuedIssued closes out process for pet#2
05/07/2010Opinion issuedCourt of Appeals' judgment affirm and reverse in part; remand to court of appeals
04/17/2009Petition for Review granted 
04/17/2009Petition for Review disposedFiling granted
04/17/2009Petition for Review granted 
04/17/2009Petition for Review disposedFiling granted date and time for oral argument are yet to be determined
04/17/2009Miscellaneous motion disposed. See Remarks.Denied Motion for sanctions (document titled as Motion for damages due to frivolous appeal) denied
04/07/2009Motion for leave to file supplemental brief disp.Filing granted Motion for Leave to File Petitioners' Supplemental Brief is granted.   Supplemental Brief was filed on March 25, 2009.
04/03/2009Response to Motion filed  Response to pets' motion for leave to file suppl brief.  On behalf of Cynthia Hernandez. (12)
03/27/2009Call received  from Mr. Skarbowski's office.  S/w his assistant, and she stated that a response to m/l/f supp brief will be file.
03/25/2009Call received  From Mr. Skarbowski letting the Court know that he hasn't received the motion and supp brief but as soon as he reviews it, he will call back to confirm that a response will be file.
03/25/2009Phone call from Clerk's Office  to Mr. Theodore Skarbowski. RE: to inquire whether a response to m/l/f supp brief is going to be file  or not.  Left msg on his answering machine.  Requested call back.
03/25/2009Supplemental Brief filed  Pet 1 & Pet 2's supplemental brief.  On behalf of Geffrey Klein, M.D. and Baylor College of Medicine. (12)
03/25/2009Motion for Leave to File Supplemental Brief filed  Pet 1 & Pet 2's motion for leave to file pets' supplemental brief.  On behalf of Geffrey Klein, M.D. and Baylor College of Medicine. (12)
02/10/2009Miscellaneous motion disposed. See Remarks.Filing dismissed as moot Respondent's Motion for Leave to File a Reply to Petitioner's Response to Plaintiff's Motion for Damages Due to Frivolous Appeal is dismissed as moot.
02/09/2009Reply to Response to Motion  Resp's reply to pet's response to mo for sanctions (mo for damages due to frivolous appeal). On behalf of Cynthia Hernandez.
02/09/2009Miscellaneous Motion  Resp's motion for leave to file a reply to pet's response to motion for sanctions (mo for damages due to frivolous appeal). On behalf of Cynthia Hernandez. (12)
01/15/2009Reply Brief  PET #1's Reply BOM (12) filed on behalf of Geffrey Klein, M.D.
01/15/2009Response to Motion filed  PET's #1's Response to motio for damages due to frivolous appeal (12) filed on behalf of Geffrey Klein, M.D.
01/08/2009Motion for Extension of Time disposed.Filing granted Pets' m/e/t to file reply brief granted.  Reply br due n/l/t 3:00 p.m. on 1/15/09; mlbx rule d/n/a.  further requests for extensions of time will be disfavored.
01/08/2009Motion for Extension of Time to File Response disposedFiling granted Pet's m/e/t to file response to motion for damages due to frivolous appeal granted.  Response due 1/15/09.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/10/2010Case StoredCase stored.G02 Row 16 A-4 (1 vol)
Parties
Party▲▼Party Type▲▼Representative▲▼
Klein, M.D., GeffreyPetitioner 1Mr. Kendall Matthew Gray
Ms. Elizabeth A. Wiley
Ms. Laura M. Trenaman
Mr. Marion Woodrow Kruse Jr.
Mr. Jeffrey B. McClure
Mr. Cameron P. Pope
Ms. Alicia Freed
Hernandez, CynthiaRespondentMr. Timothy Lyle Culberson
Mr. Theodore G. Skarbowski
Mr. Robert J. Talaska
Baylor College of MedicinePetitioner 2Mr. Kendall Matthew Gray
Mr. Cameron P. Pope
Court of Appeals Information:
Affirmed [duplicate 3] 
333 SW3d 689, 11-04-10 
1st Court of Appeals 
Honorable Terry Jennings 
Trial Court Information
152nd District Court 
Harris 
Honorable Kenneth Price Wise 
2003-49449