Supreme Court

Case: 09-0342    
09-0342
04/27/2009
Petition for Writ of Mandamus
IN RE BOWNE & CO. 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
12/01/2009Letter brief Real Parties in Interest Real party in interest, Metroplex Mailing Services, LLC letter brief on mootness.  (orig & 11)
11/23/2009Letter brief Relator Responding the Court requested information addressing "whether this matter is moot in light of the fact that the Legislature is no longer in session."  On behalf of Bowne & Co. (12)
08/25/2009Reply BriefRelator Relator(In Re Bowne & Co.,s) reply to rlp's response to rel's brief on the merits (orig & 11)
08/10/2009Brief on the MeritsReal Parties in Interest Rlp's brief on the merits. On behalf of Metroplex Mailing Services, LLC. (12)
07/10/2009Brief on the MeritsRelator Rel's brief on the merits. On behalf of Bowne & Co. (12)
06/11/2009Surreply filedReal Parties in Interest Response to relator's reply to mandamus filed on behalf of rlp, Metroplex Mailing Services, L.L.C. (orig & 11)
06/04/2009Reply to Petition for Writ of MandamusRelator Relator's reply to response to mandamus filed on behalf of Bowne & Co. (orig & 11)
05/22/2009Response to Petition for Writ of Mandamus FiledReal Parties in Interest RLP's response to mandamus (12) filed on behalf of Metroplex Mailing Services, LLC.
05/05/2009Redrafted Petition for Writ of Mandamus, etc.Relator REL's redrafted mandamus appendix attached (12) filed on behalf of Bowne & Co.
04/27/2009Appendix FiledRelator attached to petition
04/27/2009Petition for Writ of Mandamus filedRelator REL's mandamus appendix attached (12) filed on behalf of Bowne & Co.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/11/2009Petition for Writ of Mandamus disposedDenied
12/11/2009Stay Order lifted  stay order issued 5/12/09 lifted
12/11/2009Motion to dismiss disposedFiling dismissed as moot motion to dismiss dismissed as moot
12/11/2009Miscellaneous motion disposed. See Remarks.Filing dismissed as moot motion to reconsider grant of temporary relief dismissed as moot
12/11/2009Motion to strike disposedDenied motion to strike denied
12/01/2009Letter brief   Real party in interest, Metroplex Mailing Services, LLC letter brief on mootness.  (orig & 11)
11/23/2009Letter brief   Responding the Court requested information addressing "whether this matter is moot in light of the fact that the Legislature is no longer in session."  On behalf of Bowne & Co. (12)
11/09/2009Letter sent to parties from Supreme Court - See Remarks  SC requests that the parties address whether this matter is moot in light of the fact that the Legislature is no longer in session.  Relator shall file a letter addressing this issue within 14 days of the date of this letter.  Relator is directed to serve the letter upon opposing counsel by facsimile, e-mail, or overnight delivery so as not to delay the response.  RLP shall file a letter responding to relator’s letter within 7 days of the filing of relator’s letter.  
10/21/2009Reply to Response to Motion  REPLY in support of its motion to dismiss mandamus proceeding and to reconsider grant of temporary relief.  On behalf of Metroplex  Mailing Services, LLC. (12)
10/16/2009Response to Motion filed  Rel's response in opposition to rlp's motion to dismiss mandamus proceeding and to reconsider grant of temporary relief.  On behalf of Bowne, Co. (12)
10/09/2009Phone call from Clerk's Office  Spoke w/ Mr. Fein.  He is opposed and will be filing a response to the motions.
10/09/2009Phone call from Clerk's Office  Spoke w/ Mr. Bauman.  He will send another check out today for the second motion.
10/09/2009Miscellaneous Motion  RLP's motion to reconsider grant of temporary relief (12) filed on behalf of Metroplex Mailing Services.
10/09/2009Motion to dismiss  RLP's motion to dismiss incorporated with motion to reconsider grant of temporary relief (12) filed on behalf of Metroplex Mailing Services, LLC.
08/25/2009Reply Brief  Relator(In Re Bowne & Co.,s) reply to rlp's response to rel's brief on the merits (orig & 11)
08/10/2009Brief on the Merits  Rlp's brief on the merits. On behalf of Metroplex Mailing Services, LLC. (12)
07/31/2009Motion for Extension of Time disposed.Filing granted M/e/t to file RLP's bom is granted.   RLP's br is due n/l/t 3pm, August 10, 2009.  Reply br is due n/l/t 3pm, August 25, 2009.  further reqs will be disfavored.  maibox rule dna.
07/30/2009Response to Motion filed  Relator's (Bowne & Co.) response to rlp's opposed motion to extend time to file brief. (orig & 11)
07/28/2009Phone call from Clerk's Office  to Mr. Eric Fein.  RE: to inquire whether he intend to file a response to rlp's m/e/t to file bom or not.  Per Fein, the response will be file by Thursday, July 30.
07/28/2009Motion for Extension of Time to File Brief filed  Opposed m/e/t to file rlp's brief on the merits. On behalf of Metroplex Mailing Services, LLC. (3)
07/10/2009Electronic copies of brief posted to website  #09034205  Relator's Brief on the Merits  Filed: 07/10/09
07/10/2009Phone call from Clerk's Office  to Ms. Vickie Brandt to double check the caption of their brief on the merits "titled: ...and request for emergency relief."  Per Ms. Brandt, they captioned like that because they thought that it has to be titled as same as the pet for writ of mandamus.  Therefore, she confirmed that it is NOT another request for relief.
07/10/2009Brief on the Merits  Rel's brief on the merits. On behalf of Bowne & Co. (12)
06/19/2009Brief on the Merits Ordered  Brief on the merits requested:  Rel br due n/l/t 3:00 p.m. on 7/20/09; Rsp br due 8/10/09; Reply br due 8/25/09; mlbx rule d/n/a
06/18/2009Response to Motion filed  Rlp's response to rel's motion to strike.  On behalf of Metroplex Mailing Services, LLC. (12)
06/18/2009Additional Copies received  (8) add'l copies of rel's motion to strike rlp's sur-reply. (backdated 6/17/09) On behalf of Bowne & Co.
06/17/2009Phone call from Clerk's Office  to Mr. Derek Bauman.  RE: to inquire whether a response to rel's motion to strike will be file or not.  Per Mr. Bauman, he is going to send us his response to rel's mo to strike.
06/17/2009Phone call from Clerk's Office  to Mr. Eric Fein.  RE: to request (8) add'l copies of his motion to strike rlp's sur-reply.  Spoke w/his secretary, Pamela, and she will overnight the add'l copies.
06/17/2009Motion to Strike filed  Rel's motion to strike rlp's sur-reply.  On behalf of Bowne & Co. (4)
06/11/2009Surreply filed  Response to relator's reply to mandamus filed on behalf of rlp, Metroplex Mailing Services, L.L.C. (orig & 11)
06/04/2009Reply to Petition for Writ of Mandamus  Relator's reply to response to mandamus filed on behalf of Bowne & Co. (orig & 11)
05/29/2009Phone call from Clerk's Office  Call made to Mr. Fein's office.  S/w Vicky to let her know that the m/e/t to file reply was granted until June 4, 2009.
05/29/2009MET to file reply disposed ofFiling granted M/e/t to file reply is granted.  Reply is due June 4, 2009.  Further reqs will be disfavored.
05/28/2009Phone call from Clerk's Office  Mr. Bauman informed the Court that no response will be filed.
05/28/2009Motion to Extend Time to File Reply filed  REL's opposed motion for extension of time to file reply (3) filed on behalf of Bowne & Co.
05/27/2009Call received  call rec'd from rel attorney, Vicki Brandt stating they will be filing an m/e/t to file reply to the response.  
05/22/2009Response to Petition for Writ of Mandamus Filed  RLP's response to mandamus (12) filed on behalf of Metroplex Mailing Services, LLC.
05/12/2009Phone call from Clerk's Office  Call made to parties regarding granting of motion for temporary relief and requested response due 5/22/09.
05/12/2009Case forwarded to Court 
05/12/2009Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due n/l/t 3:00 p.m. on 5/18/09; mlbx rule d/n/a
05/12/2009Stay Order issued 
05/12/2009Motion for temporary relief disposedFiling granted relator's motion requesting emergency relief to reinstate the temporary restraining order granted
05/05/2009Certification (various) in case received  Certificate of Conference to Motion for Emergency Relief. On behalf of Bowne & Co. (3)
05/05/2009Phone call from Clerk's Office  Call made to relator's attorney to request a certificate of conference to motion for temporary relief.  It will be faxed as soon as possible.
05/05/2009Response to Motion filed  Rlp's response to rel's motion requesting emergency relief to reinstate the temporary restraining order.  On behalf of Metroplex Mailing Services, LLC. (12)
05/05/2009Motion for temporary relief  REL's motion for temporary relief (12) filed on behalf of Bowne & Co.
05/05/2009Redrafted Petition for Writ of Mandamus, etc.  REL's redrafted mandamus appendix attached (12) filed on behalf of Bowne & Co.
05/01/2009Petition for Writ of Mandamus disposedFiled document is struck by the Court Struck pursuant to TRAP 52.6; redraft, if any, due 5/11/09
04/27/2009Appendix Filed  attached to petition
04/27/2009Petition for Writ of Mandamus filed  REL's mandamus appendix attached (12) filed on behalf of Bowne & Co.
02/03/2010Case Stored  G02 Row 15 A-4
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
02/03/2010Case StoredCase stored.G02 Row 15 A-4
Parties
Party▲▼Party Type▲▼Representative▲▼
Bowne & Co.RelatorMs. Vickie Lynn Stephens Brandt
Mr. Eric D. Fein
Mr. Charles I. Kaplan
Metroplex Mailing Services, LLCReal Party in Interest Mr. Donald Kent Davis
Mr. Edgar Saldivar
Mr. Allen R. Vaught
Mr. Vidal G. Martinez
Mr. Derek D. Bauman
Court of Appeals Information:
Denied 
___ SW3d ___, 04-08-09 
5th Court of Appeals 
Honorable Kerry P. FitzGerald 
Trial Court Information
68th District Court 
Dallas 
Honorable Martin Jerome Hoffman 
09-00845