Supreme Court

Case: 09-0278    
09-0278
04/07/2009
Petition for Writ of Mandamus
IN RE WILD OATS MARKETS, INC. AND WHOLE FOODS MARKET INC. 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
06/12/2009Appendix FiledRelator Appendix to Rel's brief on the merits. (12) On behalf of Wild Oats Markets, Inc., et al.
06/12/2009Brief on the MeritsRelator Rel's brief on the merits. On behalf of Wild Oats Markets, Inc., et al. (12)
05/01/2009Surreply filedReal Parties in Interest Sur-Reply to mandamus (12) filed on behalf of Kuykendahl.
04/27/2009Reply to Petition for Writ of MandamusRelator Rels' reply in support of their pet for writ of mandamus. On behalf of Wild Oats Markets, Inc., et al. (12)
04/22/2009Response to Petition for Writ of Mandamus FiledReal Parties in Interest Rlp's response to mandamus. On behalf of Kuykendahl-WP Retail I, L.P. (12)
04/16/2009Surreply filedReal Parties in Interest Rlp's sur-reply to rels' reply in support of their motion for emergency stay.  On behalf of Kuykendahl-WP Retail I, LP. (12)
04/07/2009Appendix FiledRelator Appendix attached to MANDAMUS.
04/07/2009Petition for Writ of Mandamus filedRelator On behalf of Wild Oats Markets, Inc., et al. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
07/10/2009Case Stored  G02 Row 27 C-4
06/26/2009Petition for Writ of Mandamus disposedDismissed
06/26/2009Motion to dismiss disposedFiling granted joint motion to dismiss pet for writ of mandamus granted
06/26/2009Stay Order lifted  stay order issued May 13, 2009 is lifted
06/17/2009Motion to dismiss  JOINT motion to dismiss pet for writ of mandamus.  On behalf of RELS, Wild Oats Markets, Inc., et al. and RLP, Kuykendahl-WP Retail I, L.P. (12)
06/16/2009Call received  From Ms. Kay Birenbaum, atty. for rel, to inform the Court that they will be filing a motion to dismiss the pet/writ of mandamus since they no longer need relief.
06/12/2009Appendix Filed  Appendix to Rel's brief on the merits. (12) On behalf of Wild Oats Markets, Inc., et al.
06/12/2009Brief on the Merits  Rel's brief on the merits. On behalf of Wild Oats Markets, Inc., et al. (12)
05/13/2009Brief on the Merits Ordered  Brief on the merits requested:  Rel br due n/l/t 3:00 p.m. on 6/12/09; Rlp br due 7/2/09; Reply br due 7/17/09; mlbx rule d/n/a
05/13/2009Stay Order issued 
05/13/2009Emergency stay disposedFiling granted relators' motion for emergency stay granted
05/01/2009Surreply filed  Sur-Reply to mandamus (12) filed on behalf of Kuykendahl.
04/27/2009Reply to Petition for Writ of Mandamus  Rels' reply in support of their pet for writ of mandamus. On behalf of Wild Oats Markets, Inc., et al. (12)
04/23/2009Call received  from Kate Birenbaum letting the Court know that she will be filing a reply to the response to the mand.  The reply should arrive by Monday, April 27, 2009.
04/22/2009Response to Petition for Writ of Mandamus Filed  Rlp's response to mandamus. On behalf of Kuykendahl-WP Retail I, L.P. (12)
04/16/2009Surreply filed  Rlp's sur-reply to rels' reply in support of their motion for emergency stay.  On behalf of Kuykendahl-WP Retail I, LP. (12)
04/09/2009Reply to Response to Motion  REL's reply in support of motion for emergency stay (12) filed on behalf of Wild Oats Markets, Inc.
04/08/2009Response to Motion filed  Rlp's response to rels' motion for emergency stay. On behalf of Kuykendahl-WP Retail I, L.P. (12)
04/08/2009Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due n/l/t 3:00 p.m. on 4/22/09; mlbx rule d/n/a
04/07/2009Call received  from real parties in interest's lead atty's office, s/w Mr. George Gibson's asst. Melissa, to let the Court know that they will be filing a response to emergency motion to stay.
04/07/2009Motion for emergency stay filed  Relators' Motion for Emergency Stay.  On behalf of Wild Oats Market, Inc., et al. (12)
04/07/2009Appendix Filed  Appendix attached to MANDAMUS.
04/07/2009Petition for Writ of Mandamus filed  On behalf of Wild Oats Markets, Inc., et al. (12)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/10/2009Case StoredCase stored.G02 Row 27 C-4
Parties
Party▲▼Party Type▲▼Representative▲▼
Kuykendahl-WP Retail I, L.P.Real Party in Interest Mr. George R. Gibson
Mr. A. Kent Altsuler
Mr. Seth Adam Miller
Wild Oats Markets, Inc.RelatorMr. David W. Waddell
Ms. Kate Lesley Birenbaum
Mr. Harold B. Hilborn
Mr. Norman B. Berger
Court of Appeals Information:
Denied 
286 SW3d 499, 04-02-09 
9th Court of Appeals 
Honorable Per Curiam 
Trial Court Information
410th District Court 
Montgomery 
Honorable K. Michael Mayes 
07-11-11990-CV