Supreme Court

Case: 08-1001    
08-1001
12/01/2008
Petition for Review/Cause under Tex. R. App. P. 59.1
THE UNIVERSITY OF HOUSTON 
STEPHEN BARTH 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/12/2010Reply BriefEvent related to first petition filed in case. Petitioner's reply brief filed on behalf of pet #1, The University of Houston.  (orig & 11)
03/26/2010Brief on the MeritsRespondent Response brief on the merits (12) filed on behalf of University of Houston.
02/16/2010Brief on the MeritsRespondent Response brief on the merits to Pet's (#1) brief. On behalf of Stephen Barth. (12)
01/25/2010Brief on the MeritsEvent related to first petition filed in case. Pet#1's brief on the merits.  On behalf of The University of Houston.  (orig & 11)
01/25/2010Brief on the MeritsEvent related to subsequent petition filed in case. Cross-petitioner's (Stephen Barth) brief on the merits. (orig & 11)
06/22/2009Response to PetitionRespondent Response to pet/rev #1. On behalf of (pet 1) University of Houston. (12)
03/31/2009Appendix FiledEvent related to subsequent petition filed in case. attached
03/31/2009Petition for Review #2Petitioner On behalf of petitioner #2, Stephen Barth.
03/26/2009Response to PetitionRespondent Response to petition (12) filed on behalf of Stephen Barth.
01/09/2009Appendix FiledPetitioner appendix attached
01/09/2009Petition for ReviewPetitioner On behalf of The University of Houston (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2008Call received  Mr. Beverly informed the Court that the 2nd 53.7 is unopposed.
12/29/2008Phone call from Clerk's Office  Left message for Mr. Beverly.  Requested whether or not motion is opposed.  Requested call back.
12/29/2008Second Motion for Extension of Time to File Petition for Review filed  PET's m/e/t to file PFR (12) filed on behalf of University of Houston.
12/21/2009Motion for Extension of Time disposed.Filing granted Barth's unopposed m/e/t to file briefs on the merits granted.  Pet br due n/l/t 3:00 p.m. on 1/22/10; Rsp br due 2/11/10; Reply br due 2/26/10; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
12/18/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pet's brief on the merits. On behalf of (Pet #2) Stephen Barth. (3)
12/14/2009Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
12/14/2009Motion for Extension of Time disposed.Filing granted Pet's unopposed m/e/t to file briefs on the merits granted.  Pet br due n/l/t 3:00 p.m. on 1/22/10; Rsp br due 2/11/10; Reply br due 2/26/10; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
12/08/2009Motion for Extension of Time to File Brief filed  PET #1's unopposed motion for extension of time to file brief (3) filed on behalf of University of Houston.
12/03/2008Motion for Extension of Time to File Petition for Review disposedFiling granted Pet's m/e/t to file petition for review granted.  Petition for review due 12/31/08.
12/01/2008Motion for Extension of Time to File Petition for Review filed  Unopposed m/e/t to file pet/rev.  On behalf of University of Houston. (12)
11/25/2009Record Requested in Case 
11/24/2009Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 12/28/09; Rsp br due 1/18/2010; Reply br due 2/2/2010; mlbx rule d/n/a
09/15/2010Case Stored  G02 Row 18 J-5
08/27/2010Record returned to Court of Appeals  RECORD RETURNED TO THE 1ST COA
08/27/2010Mandate issued  Mandate & Cost Bill Issued
06/22/2009Response to Petition  Response to pet/rev #1. On behalf of (pet 1) University of Houston. (12)
06/11/2010Court approved judgment sent to attorneys of recordIssued
06/11/2010Opinion issuedIssued closes out second process
06/11/2010Opinion issuedCourt of Appeals' judgment reversed; remanded to Court of Appeals
06/11/2010Petition for Review granted under TRAP 59.1 
06/11/2010Petition for Review disposedPetition granted pursuant to TRAP 59.1
06/11/2010Petition for Review granted under TRAP 59.1 
06/11/2010Petition for Review disposedPetition granted pursuant to TRAP 59.1
06/04/2009Motion for Extension of Time disposed.Filing granted University of Houston's m/e/t to file response to pet/rev.   Response is due n/l/t 3pm, June 22, 2009.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.  MAILBOX RULE DNA.
06/03/2009Motion for Extension of Time to File Response  Unopposed m/e/t to file resp to pet/rev #2.  On behalf of University of Houston. (3)
05/05/2009Supreme Court of Texas Requested Response  Requested response from The University of Houston to Stephen Barth's petition for review due n/l/t 3:00 p.m. on 6/4/09; mlbx rule d/n/a
04/30/2009Response Waiver filed  Response waiver to pet/rev #2.  On behalf of Pet#1/Cross-Respondent, University of Houston. (12)
04/13/2010Phone call from Clerk's Office  To pet#1, The University of Houston attorney's office(Attorney General) in re:  the electronic copy of brief sent 4/12/10.  Left voice mail message.
04/12/2010Reply Brief  Petitioner's reply brief filed on behalf of pet #1, The University of Houston.  (orig & 11)
04/07/2009Case forwarded to Court 
03/31/2009Appendix Filed  attached
03/31/2009Petition for Review #2  On behalf of petitioner #2, Stephen Barth.
03/30/2009Motion for Extension of Time disposed.Filing granted M/e/t to file response is granted.   Response was filed on March 26, 2009.
03/26/2010Brief on the Merits  Response brief on the merits (12) filed on behalf of University of Houston.
03/26/2009Response to Petition  Response to petition (12) filed on behalf of Stephen Barth.
03/26/2009Phone call from Clerk's Office  Left message for Ms. Dahlberg.  Requested whether or not motion is opposed.
03/26/2009Motion for Extension of Time to File Response  RSP's motion for extension of time to file response (3) filed on behalf of Stephen Barth.
03/17/2009Second Motion for Extension of Time to File Petition for Review disposedFiling granted Stephen Barth's 2nd m/e/t to file pet/rev is granted.   Pet/rev is due March 31, 2009.  FURTHER REQUESTS FOR EXTENSIONS OF TIME FOR THIS FILING WILL BE DISFAVORED.
03/16/2009Second Motion for Extension of Time to File Petition for Review filed  PET #2's second motion to extend time to file cross petition (12) filed on behalf of Stephen Barth.
02/25/2009Motion for Extension of Time to File Petition for Review disposedFiling granted Stephan Barth's m/e/t to file pet/rev is granted.   Pet/rev is due March 11, 2009.
02/23/2009Supreme Court of Texas Requested Response  Requested response to petition for review due n/l/t 3:00 p.m. on 3/25/09; mlbx rule d/n/a
02/23/2009Motion for Extension of Time to File Petition for Review #2 filed  Unopposed m/e/t to file cross-pet/rev (#2) filed on behalf of Stephen Barth. (12)
02/19/2010Motion for Extension of Time disposed.Filing granted University of Houston's m/e/t to file resp bom is granted.   Resp br is due nlt 3pm, March 26, 2010.  Reply br is due nlt 3pm, April 12, 2010.  further reqs will be disfavored.  mailbox rule dna.
02/17/2010Phone call from Clerk's Office  to Resp/Cross Pet's counsel. RE: to inquire whether he opposed or unopposed to University's motion.  Per Mr. Beverley, he does not opposed University's m/e/t.
02/16/2010Motion for Extension of Time to File Brief filed  Pet/Cross-Resp, University of Houston's m/e/t to file resp's brief on the merits. (12)
02/16/2010Brief on the Merits  Response brief on the merits to Pet's (#1) brief. On behalf of Stephen Barth. (12)
02/10/2009Case forwarded to Court 
01/25/2010Brief on the Merits  Pet#1's brief on the merits.  On behalf of The University of Houston.  (orig & 11)
01/25/2010Brief on the Merits  Cross-petitioner's (Stephen Barth) brief on the merits. (orig & 11)
01/22/2010Phone call from Clerk's Office  s/w Ms. Dahlberg and Mr. Beverly letting them both know that their pet's br will be due on Monday, 1/25/10 and no more exts will be considered.  They both said they will have them here by 3pm.
01/22/2010Motion for Extension of Time disposed.Filing granted 2nd Joint m/e/t to file briefs on the merits is granted.  Pet br due n/l/t 3:00 p.m. on 1/25/10; Rsp br due 2/16/10; Reply br due 3/3/10; mlbx rule d/n/a.  no Further requests for extensions of time will be considered.
01/21/2010Motion for Extension of Time to File Brief filed  PET's joint motion for second extension of time to file pet's brief (3) filed on behalf of University of Houston.
01/09/2009Appendix Filed  appendix attached
01/09/2009Petition for Review  On behalf of The University of Houston (12)
01/06/2009Second Motion for Extension of Time to File Petition for Review disposedFiling granted Pet's second m/e/t to file petition for review granted.  Petition for review due 1/9/09.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/15/2010Case StoredCase stored.G02 Row 18
Parties
Party▲▼Party Type▲▼Representative▲▼
University of HoustonPetitionerMr. Jose Manuel Rangel
Mr. David S. Morales
Mr. C. Andrew Weber
Mr. Peter B. Plotts III
Mr. Gregory Abbott
Mr. Robert B. O'Keefe
Ms. Shelley Nieto Dahlberg
Barth, StephenRespondentMr. J. W. Beverly
Mr. Richard A. Battaglia
Court of Appeals Information:
Reversed and Remanded 
265 SW3d 607, 07-03-08 
1st Court of Appeals 
Honorable Laura C. Higley 
Trial Court Information
113th District Court 
Harris 
Honorable Patricia Ann Hancock 
2001-34089