Supreme Court

Case: 08-1046    
08-1046
12/16/2008
Petition for Writ of Mandamus
IN RE MEMORIAL HERMANN HEALTHCARE SYSTEM AND MEMORIAL HERMANN HOSPITAL SYSTEM 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/22/2009Motion for RehearingRefers to Petition for Writ of Mandamus Rels' Mo/Re. On behalf of Memorial Hermann Healthcare System, et al. (12)
12/10/2009Amicus Curiae Brief receivedReceived (instead of filed) Amicus Brief (12) received on behalf of Miguel Franco, M.D., et al.  Submitted by David Furlow, Thompson & Knight LLP, 333 Clay St., Ste. 3300, Houston, TX 77002.  Phone (713) 654-8111, Fax (713) 654-1871.
12/02/2009Response to Amicus Curiae Brief filedRelator Rels' response to State of Texas' Amicus brief. On behalf of Memorial Hermann Healthcare System, et al. (12)
11/24/2009Amicus Curiae Brief receivedReceived (instead of filed) Amicus curiae brief on behalf of the State of Texas, submitted by Mr. James Blacklock, Ass. Solicitor General, P.O. Box 12248(MC059), Austin, TX.  78711-2548, Phone (512) 936-1896, Fax (512) 370-9191.  (orig & 11)
08/20/2009Letter brief Real Parties in Interest Rlp's letter to correct a misimpression left by the reply brief of the merits of rels, Memorial Hermann Healthcare System, et al. (12)  On behalf of Stealth LP.
08/13/2009Reply BriefRelator REL's reply brief on the merits (12) filed on behalf of Memorial Hermann Healthcare System.
07/27/2009Brief on the MeritsReal Parties in Interest RLP's brief on the merits (12) filed on behalf of Stealth, L.P.
07/03/2009Brief on the MeritsRelator Rels' brief on the merits. On behalf of Memorial Hermann Healthcare System, et al. (12)
04/17/2009Reply to Petition for Writ of MandamusRelator REL's reply in support of petition (12) filed on behalf of Memorial Hermann Healthcare System.
04/03/2009Response to Petition for Writ of Mandamus FiledReal Parties in Interest RLP's response to mandamus (12) filed on behalf of Stealth, LP.
12/16/2008Appendix FiledRelator Appendix attached to mandamus.
12/16/2008Petition for Writ of Mandamus filedRelator On behalf of Memorial  Hermann Healthcare System, et al. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/31/2009Motion to Stay Filed   Relators' motion for temporary relief (12) filed on behalf of Memorial Hermann Healthcare System.
12/30/2008Motion for Extension of Time disposed.Filing granted RLP's unopposed m/e/t to file requested response to petition for writ of mandamus granted.  Requested response to petition due n/l/t 3:00 p.m. on 1/9/09; mlbx rule d/n/a.  Further requests for extensions of time will be disfavored.
12/29/2009Case forwarded to Court 
12/29/2008Response to Motion filed  RLP's response to motion for temporary relief (12) filed on behalf of Stealth, L.P.
12/29/2008Motion for Extension of Time to File Response  RLP's unopposed m/e/t to file response to mandamus (12) filed on behalf of Stealth, LP.
12/23/2008Call received  From RLP, Stealth, L.P.'s atty., Ms. Amy Dinn with Gardere Sewell & Wynne to inform the Court that they are not going to be able to file their requested response by 12/29/08.  They are going to be sending in a m/e/t to file their requested response on 12/29/08.
12/22/2009Motion for Rehearing  Rels' Mo/Re. On behalf of Memorial Hermann Healthcare System, et al. (12)
12/17/2008Supreme Court of Texas Requested Response  Requested response to both the motion and the petition for writ of mandamus due n/l/t 3:00 p.m. on 12/29/08; mlbx rule d/n/a
12/16/2008Motion for temporary relief  Rel's motion for temporary relief.  On behalf of Memorial Hermann Healthcare System, et al. (12)
12/16/2008Case Record Filed   Record in support of mandamus (1).
12/16/2008Appendix Filed  Appendix attached to mandamus.
12/16/2008Petition for Writ of Mandamus filed  On behalf of Memorial  Hermann Healthcare System, et al. (12)
12/11/2009Petition for Writ of Mandamus disposedDenied
12/11/2009Motion to Expedite disposedFiling dismissed as moot unopposed motion for expedited dismissed as moot
12/11/2009Motion to Stay DisposedFiling dismissed as moot motion for temporary relief dismissed as moot
12/10/2009Amicus Curiae Brief received  Amicus Brief (12) received on behalf of Miguel Franco, M.D., et al.  Submitted by David Furlow, Thompson & Knight LLP, 333 Clay St., Ste. 3300, Houston, TX 77002.  Phone (713) 654-8111, Fax (713) 654-1871.
12/02/2009Response to Amicus Curiae Brief filed  Rels' response to State of Texas' Amicus brief. On behalf of Memorial Hermann Healthcare System, et al. (12)
11/24/2009Electronic copies of brief posted to website  #08104604  Amicus Brief - State of Texas  Received: 11/24/09
11/24/2009Amicus Curiae Brief received  Amicus curiae brief on behalf of the State of Texas, submitted by Mr. James Blacklock, Ass. Solicitor General, P.O. Box 12248(MC059), Austin, TX.  78711-2548, Phone (512) 936-1896, Fax (512) 370-9191.  (orig & 11)
10/13/2009Motion for Extension of Time disposed.Filing granted M/e/t to file Solicitor General's invitational brief expressing the views of the State is granted.  The brief should comply with TEX. R. APP. 55.3 and be filed on or before November 25, 2009.  further reqs will be disfavored.
10/09/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file "invited brief."  On behalf of Solicitor General. (3)
09/25/2009Solicitor general invited to file brief  The Solicitor General is invited to file a brief in this case expressing the views of the State.  Brief due 10/26/09.
08/27/2009Letter Filed  Relator's, Memorial Hermann Healthcare System, letter to update the Court regarding the status of the trial setting of this case.  On 8/3/09, Rlp, Stealth, L.P., moved for expedited consideration of the pet/mandamus because the case was set for 9/14/09, but now the trial court has passed the 9/14/09 trial setting date and has reset the case for trial on 1/4/2010.  (orig & 11)
08/20/2009Letter brief   Rlp's letter to correct a misimpression left by the reply brief of the merits of rels, Memorial Hermann Healthcare System, et al. (12)  On behalf of Stealth LP.
08/13/2009Motion for Extension of Time disposed.Filing granted M/e/t to file reply bom is granted.  Reply br was filed in this office on August 13, 2009.
08/13/2009Reply Brief  REL's reply brief on the merits (12) filed on behalf of Memorial Hermann Healthcare System.
08/12/2009Call received  From Ms. Connie Pfeiffer, atty. for rel, to notify the Court that they will be sending in a letter to explain why there is no need to expedite(mo/expedite filed by rlp on 8/4/09).
08/11/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file pet's reply brief on the merits. On behalf of Memorial Hermann Healthcare System, et al. (3)
08/04/2009Motion to Expedite Filed  Rlp's unopposed motion for expedited consideration of the pet for writ of mandamus.  On behalf of Stealth, L.P. (12)
07/27/2009Supplement to Clerk's/Reporter's Record  RLP's 2nd supplemental record (12) filed on behalf of Stealth, Inc.
07/27/2009Brief on the Merits  RLP's brief on the merits (12) filed on behalf of Stealth, L.P.
07/07/2009Electronic copies of brief posted to website  #08104601  Relator's Brief on the Merits  Filed: 07/03/09
07/03/2009Brief on the Merits  Rels' brief on the merits. On behalf of Memorial Hermann Healthcare System, et al. (12)
06/05/2009Brief on the Merits Ordered  Brief on the merits requested:  Rel br due n/l/t 3:00 p.m. on 7/6/09; Rsp br due 7/27/09; Reply br due 8/11/09; mlbx rule d/n/a
04/17/2009Reply to Petition for Writ of Mandamus  REL's reply in support of petition (12) filed on behalf of Memorial Hermann Healthcare System.
04/14/2009Case forwarded to Court 
04/09/2009Petition for Writ of Mandamus reinstated  
04/09/2009Abatement Order Lifted 
04/09/2009Miscellaneous motion disposed. See Remarks.Filing granted RLP's unopposed motion to lift abatement granted
04/06/2009Certification (various) in case received  RLP's certificate of conference (12) filed on behalf of Stealth, L.P.
04/03/2009Phone call from Clerk's Office  Called Mr. Gunn to inquire if he was truly unopposed to the motion.  He confirmed that he is unopposed to motion to lift abatement.   Contacted Mr. Roden requesting that he submit a certificate of conference.  He said that he would get it out today.
04/03/2009Miscellaneous Motion  RLP's unopposed motion to lift abatement (12) filed on behalf of Stealth, LP.
04/03/2009Supplement to Clerk's/Reporter's Record  RLP's supplement to record (12) filed on behalf of Stealth, LP.
04/03/2009Response to Petition for Writ of Mandamus Filed  RLP's response to mandamus (12) filed on behalf of Stealth, LP.
01/16/2009Abatement Order Issued 
01/16/2009Petition for Writ of Mandamus disposedMatter in Supreme Court of Texas Abated
01/16/2009Motion to Abate disposedFiling granted Motion to abate petition for writ of mandamus granted
01/13/2009Phone call from Clerk's Office  To atty for rel, Mr. David Gunn, they are not opposed to the motion to abate filed by rlp, Stealth.
01/09/2009Motion to Abate filed  RLP's unopposed motion to abate (12) filed on behalf of Stealth, LP.
01/07/2010Case Stored  G02 Row 15 C-5
01/06/2010Phone call from Clerk's Office  call made to parties to let them know of the denial of motion for temporary relief and motion for rehearing
01/06/2010Motion for Rehearing - DisposedDenied
01/06/2010Motion to Stay DisposedDenied motion for temporary relief denied
01/05/2010Response to Motion filed  RLP's response to motion for temporary relief (12) filed on behalf of Stealth, L.P.
01/05/2010Correction filed (See Remarks)  REL's correction to motion for temporary relief (12) filed on behalf of Memorial Hermann.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
01/07/2010Case StoredCase stored.G02 Row 15 C-5
Parties
Party▲▼Party Type▲▼Representative▲▼
Leaf on a Tree, L.P.Other interested party Mr. Dale Jefferson
Stealth, L.P.Real Party in Interest Mr. Terry D. Kernell
Mr. Rusty Hardin
Mr. James G. Munisteri
Ms. Amy Catherine Dinn
Mr. Joe M. Roden
Franco, M.D., MiguelAmicus CuriaeMr. David A. Furlow
Mr. Richard J. Zook
OFFICE OF THE SOLICITOR GENERAL OF TEXASOther interested party Mr. C. Andrew Weber
Mr. Gregory Abbott
Mr. James Davis Blacklock
Mr. David S. Morales
Mr. James C. Ho
West Houston GP, L.P.Other interested party Mr. James G. Munisteri
The State of TexasAmicus CuriaeMr. James D. Blacklock
Memorial Hermann Healthcare SystemRelatorMs. Constance H. Pfeiffer
Mr. Stephen Douglas Pritchett Jr.
Mr. William R. Pakalka
Mr. William P. Maines
Mr. David Gunn
Mr. David J. Beck
Court of Appeals Information:
Denied 
274 SW3d 195, 10-09-08 
14th Court of Appeals 
Honorable Adele O. Hedges 
Trial Court Information
61st District Court 
Harris 
Honorable John J. Donovan 
2006-79945