Supreme Court

Case: 09-0432    
09-0432
05/22/2009
Petition for Writ of Mandamus
IN RE OLSHAN FOUNDATION REPAIR COMPANY, LLC AND OLSHAN FOUNDATION REPAIR COMPANY OF DALLAS, LTD. 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
04/08/2010Post submission brief filedRelator Post-submission letter brief (12) filed on behalf of Olshan Foundation Repair Co.
03/23/2010exhibits for mandamusReal Parties in Interest Exhibit labeled "Unconscionability" (12) filed on behalf of Kenneth Kilpatrick.
03/23/2010exhibits for mandamusReal Parties in Interest Exhibit labeled "Waggoner" (12) filed on behalf of Kenneth Kilpatrick.
03/22/2010Additional citations received.Relator Cases listed, which are not cited in the briefs, for Oral Argument.  On behalf of Olshan Foundation Repair Company LLC., et al. (12)
12/21/2009Reply BriefRelator Relator's reply to the Kilpatricks' brief on the merits.  On behalf of Olshan (orig & 11)
11/16/2009Brief on the MeritsReal Parties in Interest Rlp's brief on the merits. On behalf of Kenneth Kilpatrick, et al. (12)
09/25/2009Waiver of Brief on the MeritsRelator Rels, Olshan Foundation Repair Company, LLC., et al.'s letter notifying the Court that they intend to rely on their pet for writ of mandamus filed on May 22, 2009 as their brief on the merits. (12)
08/25/2009Additional citations received.Real Parties in Interest Citing recent opinion of Case nos.: 14-08-925-CV Atlas Gulf-Coast, Inc. v. Stanford, et al. and 14-08-1155-CV In Re Atlas Gulf-Coast, Inc., which supports the RLPs, Kenneth Kilpatrick, et al.'s contentions in the SC appeal.  Opinion enclosed.  On behalf of Kenneth Kilpatrick, et al. (1)
07/16/2009Response to Petition for Writ of Mandamus FiledReal Parties in Interest Response to mandamus (12) filed on behalf of Kenneth Kilpatrick.
05/22/2009Appendix FiledRelator Appendix attached to mandamus.
05/22/2009Petition for Writ of Mandamus filedRelator On behalf of Olshan Foundation Repair Company, LLC., et al. (12)
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/21/2009Reply Brief  Relator's reply to the Kilpatricks' brief on the merits.  On behalf of Olshan (orig & 11)
12/04/2009Motion for Extension of Time disposed.Filing granted M/e/t to file reply bom is granted.   Reply br is due n/l/t 3pm, December 21, 2009.  further reqs will be disfavored.  mailbox rule dna.
12/03/2010Opinion issuedWrit of Mandamus conditionally granted
12/03/2010Stay Order lifted  stay order issued July 3, 2009, lifted
12/03/2009Motion for Extension of Time to File Brief filed  Unopposed m/e/t to file Rels' REPLY brief on the merits.  On behalf of Olshan Foundation Repair Company, LLC., et al. (3)
11/16/2009Brief on the Merits  Rlp's brief on the merits. On behalf of Kenneth Kilpatrick, et al. (12)
10/08/2009Motion 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, November 16, 2009.  Reply is due n/l/t 3pm, December 1, 2009.  further reqs will be disfavored.  mailbox rule dna.
10/07/2009Motion for Extension of Time to File Brief filed  Agreed m/e/t to file rlps' brief on the merits.  On behalf of Kenneth Kilpatrick. (3)
10/07/2009Notice of Appearance  Rlps, Kenneth Kilpatrick, et al.'s notice of appearance of counsel.  Add'l counsel for rlps, Mr. David M. Walsh, IV. (3)
09/25/2009Waiver of Brief on the Merits  Rels, Olshan Foundation Repair Company, LLC., et al.'s letter notifying the Court that they intend to rely on their pet for writ of mandamus filed on May 22, 2009 as their brief on the merits. (12)
09/14/2009Electronic copies of brief posted to website  #09043202  Response to Petition for Mandamus  Filed: 07/16/09
09/03/2009Electronic copies of brief posted to website  #09043201  Petition for Mandamus  Filed: 05/22/09
08/27/2009Additional Copies received  (11) additional copies of rlp's add'l cite filed on 8/25/09.  On behalf of Kenneth Kilpatrick, et al.  (backdated 8/25/09)
08/26/2009Brief on the Merits Ordered  Brief on the merits have been requested.  Petitioner's brief is due n/l/t 3pm, September 25, 2009.  Respondent's brief is due n/l/t 3pm, October 15, 2009.  Reply brief is due n/l/t 3pm, October 30, 2009.  Mailbox Rule dna.
08/25/2009Phone call from Clerk's Office  to Mr. Lipscomb.  RE: to request (11) additional copies of his add'l cite letter and enclosed opinion.  S/w his legal asst., Ashley, and it will be mail to us tomorrow, Aug. 26.
08/25/2009Additional citations received.  Citing recent opinion of Case nos.: 14-08-925-CV Atlas Gulf-Coast, Inc. v. Stanford, et al. and 14-08-1155-CV In Re Atlas Gulf-Coast, Inc., which supports the RLPs, Kenneth Kilpatrick, et al.'s contentions in the SC appeal.  Opinion enclosed.  On behalf of Kenneth Kilpatrick, et al. (1)
07/16/2009Response to Petition for Writ of Mandamus Filed  Response to mandamus (12) filed on behalf of Kenneth Kilpatrick.
07/14/2009Phone call from Clerk's Office  S/W Mr. Lipscomb letting him know that the motions were granted in 09-0432, 09-0474 and 09-0433.  Resps are due n/l/t 3pm, July 16, 2009.  He said that he will have them all here on that date.
07/14/2009Motion for Extension of Time disposed.Filing granted M/e/t to file response is granted.   Response is due n/l/t 3pm, July 16, 2009.  Further reqs will be disfavored.   Mailbox rule dna.
07/13/2011Case Stored  G02 Row 19 E-3
07/13/2009Motion for Extension of Time to File Response  RLP's agreed motion for extension of time to file response (12) filed on behalf of Kenneth and Vickie Kilpatrick.
07/03/2009Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus due n/l/t 3:00 p.m. on 7/13/09; mlbx rule d/n/a
07/03/2009Stay Order issued 
07/03/2009Motion for temporary relief disposedFiling granted Motion for Temporary Relief granted
06/25/2009Reply to Response to Motion  Rel's reply to rlp's response to motion for temporary relief. (12) On behalf of Oshan Foundation Repair Company, LLC., et al.
06/25/2009Phone call from Clerk's Office  s/w Mr. Todd Lipscomb to see if there was a hearing in the DC on June 23, 2009 as his response to the motion suggests.  Per Mr. Lipscomb, there was a hearing and he said that the Judge denied the relief in the district court.
06/22/2009Response to Motion filed  RLP's response to motion for temporary relief (12) filed on behalf of Kenneth & Vickie Kilpatrick.
06/18/2009Motion for temporary relief  Motion for Temporary Relief filed on behalf of Olshan Foundation Repair Company, LLC., et al. (12)
05/26/2009Case forwarded to Court 
05/22/2009Case Record Filed   Record in support of mandamus. (1)
05/22/2009Appendix Filed  Appendix attached to mandamus.
05/22/2009Petition for Writ of Mandamus filed  On behalf of Olshan Foundation Repair Company, LLC., et al. (12)
04/09/2010Phone call from Clerk's Office  Left message for Mr. Michel.  Requested electronic copy of post-submission letter brief.
04/08/2010Post submission brief filed  Post-submission letter brief (12) filed on behalf of Olshan Foundation Repair Co.
03/23/2010Oral argument   argued on behalf of relators by Stephan B. Rogers; argued on behalf of real parties in interest by Todd Lipscomb
03/23/2010Phone call from Clerk's Office  to Mr. Rogers.  RE: to request add'l copies of his add'l cites for cases 09-0433, 09-0474 & 09-0703.  Left msg.
03/23/2010exhibits for mandamus  Exhibit labeled "Unconscionability" (12) filed on behalf of Kenneth Kilpatrick.
03/23/2010exhibits for mandamus  Exhibit labeled "Waggoner" (12) filed on behalf of Kenneth Kilpatrick.
03/22/2010Additional citations received.  Cases listed, which are not cited in the briefs, for Oral Argument.  On behalf of Olshan Foundation Repair Company LLC., et al. (12)
02/08/2010Oral Argument Submission Form from Attorney received  OA submission form submitted by rlp atty Todd Lipscomb of Loree, Hernandez & Lipscomb of San Antonio
01/26/2010Oral Argument Submission Form from Attorney received  OA submission form submitted by rel atty Stephan B. Rogers of Rogers & Moore of Boerne
01/15/2010Case set for oral argumentCase set for oral argument consoldiated for OA with 09-0433, 09-0474, & 09-0703 - OA set for 03/23/2010 @ 9:00 a.m.; time allotted to argue:  20/20 minutes
01/15/2010Mandamus Set to Argue 
01/15/2010Petition for Writ of Mandamus disposedCase set for oral argument OA set for 3/23/2010 @ 9:00 a.m.; time allotted to argue:  20/20 minutes
01/14/2011Certified cys of cost bill sent to attys of record  Cost Bill Issued
01/04/2010Phone call from Clerk's Office  to Mr. Stephan B. Rogers to inform him that there is no filing fee for a correction to a brief.
01/04/2010Correction filed (See Remarks)  Correction to page 10 of Rels' reply brief on the merits.  On behalf of Olshan Foundation Repair Company, LLC., et al. (12)
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
07/13/2011Case StoredCase stored.G02 Row 19 E-3
Parties
Party▲▼Party Type▲▼Representative▲▼
Olshan Foundation Repair Company, LLCRelatorMr. Jeffrey Janota
Mr. Mark C. Roberts
Mr. Duncan Roderick MacRae II
Mr. Stephan B. Rogers
Kilpatrick, KennethReal Party in Interest Mr. Edwin Todd Lipscomb
Mr. Robert W. Loree
Mr. David M. Walsh IV
Mr. Steven W. Thornton
Court of Appeals Information:
Denied 
___ SW3d ___, 10-02-08 
2nd Court of Appeals 
Honorable Per Curiam 
Trial Court Information
271st District Court 
Wise 
Honorable John H. Fostel 
07-06-435