Supreme Court

Case: 09-0161    
09-0161
02/24/2009
Mandamus/Cause
IN RE MERRILL LYNCH & CO., INC. AND MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/13/2010Motion for RehearingRespondent's Motion for Rehearing of Cause filed Real Parties in Interest MetroPCS Wireless, Inc., et al.'s Motion for Rehearing to Correct the Court's Opinion. (3)
06/16/2010Response to Brief filedReal Parties in Interest Real Parties in Interest's, MetroPCS Wireless, Inc., et al., Supplemental Brief. (12)
04/22/2010Supplemental Brief filedRelator Supplemental Brief FILED UNDER SEAL (12) filed on behalf of Merrill Lynch & Co., Inc., et al.
04/19/2010Letter brief Real Parties in Interest Letter brief in response to the "Notice of Change in Circumtances and Request to Stay Ruling" filed by Relators on April 5, 2010.  On behalf of MetroPCS Wireless, Inc., et al. (12)
06/23/2009Reply BriefRelator Relator's reply brief on the merits in support of pet/writ of mandamus.  On behalf of Merrill Lynch & Co., Inc. (orig & 11)
06/01/2009Brief on the MeritsReal Parties in Interest RLP'S brief on the merits. On behalf of MetroPCS Wireless, Inc. and MetroPCS Commun., Inc. (orig & 11)
05/11/2009Brief on the MeritsRelator Relator's brief on the merits filed on behalf of Merrill Lynch & Co., et al. (orig & 11)
04/10/2009Surreply filedReal Parties in Interest Rlp's sur-reply in opposition to mandamus. On behalf of MetroPCS Wireless, Inc., et al. (12)
04/03/2009Reply to Petition for Writ of MandamusRelator REL's Reply to response to Mandamus (12) filed on behalf of Merrill Lynch & Co., Inc.
03/26/2009Response to Petition for Writ of Mandamus FiledReal Parties in Interest Real party in interest, Metropcs Communications, Inc. and Metropcs Wireless, Inc., response to pet/writ of mandamus (orig & 11)
02/24/2009Appendix FiledRelator Appendix attached to mandamus.
02/24/2009Petition for Writ of Mandamus filedRelator On behalf of Merrill Lynch  & Co., Inc., et al. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/09/2010Certified cys of cost bill sent to attys of record  COST BILL ISSUED
08/27/2010Motion for Rehearing - DisposedDenied
08/04/2010Letter Filed  from Relator Merrill Lynch & Co., et al. to advised the Court that Real Party in Interest had moved to dismiss the appeal/mandamus proceeding in the 5th Court of Appeals (No. 05-09-00113-CV).  The 5th COA granted the motion.  Attached court order and opinion dated 7/29/10.
07/14/2010Letter Filed  Relators Merrill Lynch & Co., Inc., et al.'s letter to inform the Court that they oppose Respondents' Motion for Rehearing and will file a formal response to the motion should the Court request it. (12)
07/13/2010Case forwarded to Court 
07/13/2010Motion for Rehearing  Real Parties in Interest MetroPCS Wireless, Inc., et al.'s Motion for Rehearing to Correct the Court's Opinion. (3)
06/25/2010Opinion issuedWrit of Mandamus conditionally granted
06/25/2010Mandamus granted pursuant to TRAP 52.8 
06/25/2010Petition for Writ of Mandamus disposedPetition granted pursuant to TRAP 52.8(c)
06/25/2010Stay Order lifted  stay order issued 5/13/10 lifted
06/16/2010Response to Brief filed  Real Parties in Interest's, MetroPCS Wireless, Inc., et al., Supplemental Brief. (12)
06/04/2010Phone call from Clerk's Office  Call made to Rick Thompson in response to letter filed 6/3/10 inquiring a confirmed date by which the response to relator's supplemental brief is due.  Confirmed, per the letter, the response to rel's supplemental brief is due on 6/14/10.
06/03/2010Letter Filed  confirm that its response to relator's supplemental brief is due on or before June 14, 2010. On behalf of MetroPCS Wireless, Inc., et al. (1)
05/13/2010Phone call from Clerk's Office  Call made to Rick Thompson to verify he has 30 days to file a brief in response to the supplemental brief filed on 4/22/10
05/13/2010Call received  call rec'd from real party attorney Robert Goodfriend who said Rick Thompson and Lewis LeClair should get notified instead of him
05/13/2010Phone call from Clerk's Office  Call made to parties regarding grant of the Renewed Motion for Temporary Relief and issued a stay order
05/13/2010Motion to Stay DisposedFiling dismissed as moot Request to Stay Ruling dismissed as moot
05/13/2010Stay Order issued 
05/13/2010Motion for leave to file supplemental brief disp.Filing granted motion for leave to file supplemental brief granted
05/13/2010Motion to Stay DisposedFiling granted Renewed motion for temporary relief granted
05/06/2010Reply to Response to Motion  Reply in support of renewed motion for temporary relief and motion for leave to file supplemental brief INCORPORATED TOGETHER (12) filed on behalf of Merrill Lynch & Co.
05/06/2010Reply to Response to Motion  Reply in support of renewed motion for temporary relief and motion for leave to file supplemental brief INCORPORATED TOGETHER (12) filed on behalf of Merrill Lynch & Co.
05/04/2010Response to Motion filed  Response in Opposition to Relators' Renewed Motion for Temporary Relief (incorporated w/response to motion for leave to file supplemental brief ). On behalf of MetroPCS Communicwations, Inc. (3)
05/04/2010Response to Motion filed  Response in Opposition to Relators' Motion for Leave to file Supplemental Brief (incoporated w/response to renewed motion for temporary relief). On behalf of MetroPCS Communications, Inc. (3)
04/30/2010Call received  Call from Rick Thompson regarding request for responses to motions; Mr. Thompson will be emailing responses today.  
04/30/2010Phone call from Clerk's Office  Call made to rlp atty Robert Goodfriend requesting responses to both renewed motion for temporary relief and motion for leave to file supplemental brief; responses due no later than 3:00 p.m. on 5/10/10; mailbox rule does not apply; Email is acceptable with hard copies to follow.
04/30/2010Supreme Court of Texas Requested Response  Requested responses to Motion for leave to file supplemental brief and to Renewed motion for temporary relief due no later than 3:00 p.m. on May 10; mailbox rule does not apply; Email is acceptable to blake.hawthorne@courts.state.tx.us and claudia.jenks@courts.state.tx.us with hard copies to follow.
04/22/2010Sealed document filed in case  FILED UNDER SEAL:  Supplemental Brief and Volume 2 of Record, filed on behalf of Merrill Lynch & Co., Inc.
04/22/2010Supplement to Clerk's/Reporter's Record  Supplemental Record, Volume I, Tabs 1 thru 3, and FILED UNDER SEAL Volume 2, Tabs 4 thru 6 (1 copy each) filed on behalf of Merrill Lynch & Co., Inc., et al.
04/22/2010Supplemental Brief filed  Supplemental Brief FILED UNDER SEAL (12) filed on behalf of Merrill Lynch & Co., Inc., et al.
04/22/2010Motion for Leave to File Supplemental Brief filed  Motion for leave to file supplemental brief (12) filed on behalf of Merrill Lynch Co., Inc.
04/22/2010Motion to Stay Filed   Renewed motion for temporary relief (12) filed on behalf of Merrill Lynch & Co., et al.
04/21/2010Phone call from Clerk's Office  Spoke with Mr. Garza.  Referred him to rule 52.7, and informed him that the relator is supposed to file the record, and that as far as we know the trial court will not be sending us any records.  Sealed documents should be submitted already in separate envelopes by the party who filed them.
04/21/2010Letter Filed  Letter requests that the Court place sealed documents sent from the trial court in envelopes separate from other trial court records (3) filed on behalf of MetroPCS Wireless, Inc.
04/19/2010Letter brief   Letter brief in response to the "Notice of Change in Circumtances and Request to Stay Ruling" filed by Relators on April 5, 2010.  On behalf of MetroPCS Wireless, Inc., et al. (12)
04/19/2010Notice of Appearance  Notice of Appearance of Additional Counsel of Record for Real Parties in Interest, MetroPCS Wireless, Inc., et al. (3) The Additional Counsel are: Deborah G. Hankinson and Rick Thompson. Updated in CMS.
04/16/2010Call received  Call from Rick Thompson letting the Court know that he is mailing out his response to the notice filed 4/5, and will also be filing his notice of appearance.  It should arrive on Monday, April 19, 2010.
04/12/2010Phone call from Clerk's Office  Call made to Rick Thompson in regards to the call received on 4/2.  He said that the Trial Court had a hearing today and issued a 30 day stay.  He said that he will be getting a letter to us within the next couple of days.
04/08/2010Notice received  SUPPLEMENT to Notice of Change in Circumstances. On behalf of Merrill Lynch & Co., et al. (2)
04/05/2010Phone call from Clerk's Office  S/W Mr. Gilbreath requesting the $10 filing fee for motion to stay.  He said that he will overnight the fee to us.  Also, requested that he resubmit the electronic copy of the motion making it searchable and not scanned.  He said that he will take care of it.
04/05/2010Notice received  Notice of change in circumstances INCORPORATED WITH Request to Stay Ruling.  On behalf of Merrill Lynch. (12)
04/05/2010Motion to Stay Filed   Request to Stay Ruling  INCORPORATED WITH Notice of change in circumstances.  On behalf of Merrill Lynch. (12)
04/02/2010Call received  call received from Rick Thompson regarding Notice of Change in Circumstances and Request to Stay Ruling that was emailed to the Court; Mr. Thompson says he will be filing a notice of appearance and will respond to this Notice.  The response is to be filed by Tuesday, April 6.
06/23/2009Reply Brief  Relator's reply brief on the merits in support of pet/writ of mandamus.  On behalf of Merrill Lynch & Co., Inc. (orig & 11)
06/16/2009Motion for Extension of Time disposed.Filing granted M/e/t to file reply bom is granted.   Reply br is due n/l/t 3pm, June 23, 2009.  FURTHER REQS WILL BE DISFAVORED.
06/15/2009Phone call from Clerk's Office  Spoke w/ Charles Gall. Requested $10.00 fee.
06/15/2009Motion for Extension of Time to File Brief filed  REL's unopposed motion for extension of time to file reply brief on the merits (3) filed on behalf of Merrill Lynch & Co.
06/01/2009Brief on the Merits  RLP'S brief on the merits. On behalf of MetroPCS Wireless, Inc. and MetroPCS Commun., Inc. (orig & 11)
05/15/2009Electronic copies of brief posted to website  #09016105  Relator's Brief on the Merits  Filed: 05/11/09
05/11/2009Brief on the Merits  Relator's brief on the merits filed on behalf of Merrill Lynch & Co., et al. (orig & 11)
04/22/2009Electronic copies of brief posted to website  #09016104  Sur-Reply in Opposition to Mandamus  Filed: 04/10/09
04/22/2009Electronic copies of brief posted to website  #09016103  Relator's Reply to Response to Mandamus  Filed: 04/03/09
04/22/2009Electronic copies of brief posted to website  #09016102  Response to Petition for Writ of Mandamus  Filed: 03/26/09
04/22/2009Electronic copies of brief posted to website  #09016101  Petition for Writ of Mandamus  Filed: 02/24/09
04/10/2009Brief on the Merits Ordered  Brief on the merits requested:  Rel br due n/l/t 3:00 p.m. on 5/11/09; Rsp br due 6/1/09; Reply br due 6/16/09; mlbx rule d/n/a
04/10/2009Miscellaneous motion disposed. See Remarks.Filing granted RLP's motion for leave to file sur-reply in opposition to petition for writ of mandamus granted
04/10/2009Miscellaneous Motion  Rlps' motion for leave to file sur-reply in opposition to mandamus.  On behalf of MetroPCS Wireless, Inc., et al. (12)
04/10/2009Surreply filed  Rlp's sur-reply in opposition to mandamus. On behalf of MetroPCS Wireless, Inc., et al. (12)
04/03/2009Reply to Petition for Writ of Mandamus  REL's Reply to response to Mandamus (12) filed on behalf of Merrill Lynch & Co., Inc.
03/26/2009Response to Petition for Writ of Mandamus Filed  Real party in interest, Metropcs Communications, Inc. and Metropcs Wireless, Inc., response to pet/writ of mandamus (orig & 11)
03/16/2009Phone call from Clerk's Office  Call made to attys to let them know that motion was denied; petition pending; response to petition requested and due on 3/16/09; mlbx rule d/n/a
03/16/2009Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due n/l/t 3:00 p.m. on 3/26/09; mlbx rule d/n/a
03/16/2009Motion for temporary relief disposedDenied
03/10/2009Reply to Response to Motion  REL's reply in support of motion for temp. relief (12) filed on behalf of Merrill Lynch & Co., Inc.
03/03/2009Response to Motion filed  Response of real parties in interest(Metropcs Commun. and Metropcs Wireless, Inc.) in opposition to motion for temporary relief (orig & 11)
02/25/2009Letter Filed  Letter informs Court that the Real Party in Interest will file a response to the motion for temporary relief on Tuesday, March 3, 2009 (12) filed on behalf of MetroPCS Communications, Inc.
02/24/2009Call received  from Mr. Robert Goodfriend (RLP, MetroPCS Wireless Inc. et al.'s lead counsel) to let the Court know that he is planning to file a response to the motion for temporary relief.
02/24/2009Motion for temporary relief  Motion for temporary relief filed on behalf of Merrill Lynch & Co., Inc., et al. (12)
02/24/2009Case Record Filed   Record to mandamus Vols. I & II (12 copies of each)
02/24/2009Appendix Filed  Appendix attached to mandamus.
02/24/2009Petition for Writ of Mandamus filed  On behalf of Merrill Lynch  & Co., Inc., et al. (12)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
11/12/2010Case StoredCase stored.G01 Row 18 I-1 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
MetroPCS Wireless, Inc.Real Party in Interest Mr. Ryan D. Clinton
Mr. William Richard (Rick) Thompson II
Mr. Anthony M. Garza
Ms. Rosemary Snider
Mr. Lewis T. LeClair
Mr. Scott R. Jacobs
Ms. Deborah G. Hankinson
Mr. Robert E. Goodfriend
Merrill Lynch & Co., Inc.RelatorMr. Charles A. Gall
Mr. Eric Ross Hail
Mr. Joel Randall Sharp
Mr. Robert B. Gilbreath
Court of Appeals Information:
Denied 
315 SW3d 893, 02-17-09 
5th Court of Appeals 
Honorable Amos Louis Mazzant 
Trial Court Information
116th District Court 
Dallas 
Honorable Bruce Priddy 
07-12430