Supreme Court

Case: 09-0497    
09-0497
06/17/2009
Second Petition for Review/Cause under Rule 53.1
TYLER SCORESBY, M.D. 
CATARINO SANTILLAN, INDIVIDUALLY AND AS NEXT FRIEND OF SAMUEL SANTILLAN, A MINOR 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
08/01/2011Motion for RehearingPetitioner's motion for rehearing of cause filed E-FILED  Motion for Rehearing filed on behalf of BOTH Petitioners, Tyler Scoresby, M.D. and Yadranko Ducic, M.D. (HARD COPIES REC'D)
04/13/2011Post submission brief filedRespondent E-FILED  Second Post-Submission Brief filed on behalf of Catarino Santillan. HARD COPIES RECEIVED
11/22/2010Post submission brief filedRespondent Respondent Catarino Santillan's Post-Submission brief. (12)
11/08/2010Exhibits in case/cause filedRespondent Exhibits for Oral Argument regard of Texas Civil Practices & Remedies Code § 51.014: Appeal from Interlocutory Order; and, § 74.351: Expert Reports.  On behalf of Catarino Santillan. (12)
11/04/2010Exhibits in case/cause filedEvent related to first petition filed in case. Exhibit for Oral Argument scheduled for November 9, 2010.  On behalf of Tyler Scoresby, M.D. (Pet 1). (12)
07/19/2010Reply BriefEvent related to subsequent petition filed in case. Petitioner 2 Yadranko Ducic, M.D.'s Reply Brief on the Merits. (12)
07/19/2010Reply BriefEvent related to first petition filed in case. Reply brief on the merits (12) filed on behalf of Tyler Scorseby, M.D.
07/02/2010Brief on the MeritsRespondent Response brief on the merits (12) filed on behalf of Catarino Santillan, et al.
04/12/2010Brief on the MeritsEvent related to subsequent petition filed in case. Pet#2, Yadranko Ducic, M.D.,'s brief on the merits. (orig & 11)
04/09/2010Brief on the MeritsEvent related to first petition filed in case. Petitioner 1, Tyler Scoresby, M.D.'s brief on the merits. (12)
01/06/2010Response to PetitionRespondent "Response to two petitions for review"  INCORPORATED TOGETHER (12) filed on behalf of Catarino Santillan.
01/06/2010Response to PetitionRespondent Response to two petitions for review INCORPORATED TOGETHER (12) filed on behalf of Catarino Santillan, et al.
07/10/2009Appendix FiledEvent related to subsequent petition filed in case. Appendix attached to PFR #2.
07/10/2009Petition for Review #2Petitioner On behafl of Yadranko Ducic, M.D. (12)
06/17/2009Appendix FiledEvent related to first petition filed in case. attached to petition
06/17/2009Petition for ReviewPetitioner PFR appendix attached (12) filed on behalf of Tyler Scoresby, M.D.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
12/02/2009Motion for Extension of Time disposed.Filing granted 3rd M/e/t to file requested resp is granted.   Resp is due n/l/t 3pm, December 23, 2009.  no further reqs will be considered.
11/30/2009Motion for Extension of Time to File Response  Unopposed 3rd m/e/t to file response to pet/rev. On behalf of Catarino Santillan. (3)
11/24/2010Motion for leave to file brief disposedFiling granted Respondent's motion for leave to file Santillan's post submission brief granted
11/22/2010Motion for leave to file brief  Respondent Catarino Santillan's motion for leave to file Post-Submission Brief. (3)
11/22/2010Post submission brief filed  Respondent Catarino Santillan's Post-Submission brief. (12)
11/09/2010Oral argument   argued on behalf of petitioner, Tyler Scoresby, M.D., by Michael A. Yanof; argued on behalf of petitioner, Yadranko Ducic, M.D., by David L. Pratt and Randy J. Hall; argued on behalf of respondent by Jason C.N. Smith, Art Brender and Eric Reyes
11/09/2010Oral argument   argued on behalf of petitioner, Tyler Scoresby, M.D., by Michael A. Yanof; argued on behalf of petitioner, Yadranko Ducic, M.D., by David L. Pratt and Randy J. Hall; argued on behalf of respondent by Jason C.N. Smith, Art Brender and Eric Reyes
11/08/2010Exhibits in case/cause filed  Exhibits for Oral Argument regard of Texas Civil Practices & Remedies Code § 51.014: Appeal from Interlocutory Order; and, § 74.351: Expert Reports.  On behalf of Catarino Santillan. (12)
11/04/2010Exhibits in case/cause filed  Exhibit for Oral Argument scheduled for November 9, 2010.  On behalf of Tyler Scoresby, M.D. (Pet 1). (12)
11/03/2010Phone call from Clerk's Office  Call made to atty., Michael Yanof, to advise that motion for leave to file oral argument submission form and to allow three counsel to sit at counsel table (2) filed on behalf of Catarino Santillan has been granted.
11/03/2010Phone call from Clerk's Office  Call made to atty., David Pratt,  to advise that motion for leave to file oral argument submission form and to allow three counsel to sit at counsel table (2) filed on behalf of Catarino Santillan has been granted.
11/03/2010Phone call from Clerk's Office  Call made to atty., Jason Smith to advise that motion for leave to file oral argument submission form and to allow three counsel to sit at counsel table (2) filed on behalf of Catarino Santillan has been granted.
11/03/2010Miscellaneous motion disposed. See Remarks.Filing granted GRANTED Motion for leave to file oral argument submission form and to allow three counsel to sit at counsel table (2) filed on behalf of Catarino Santillan.
11/02/2011Case Stored  G02 Row 19 I-1 (2 vols)
10/30/2009Motion for Extension of Time disposed.Filing granted 2nd m/e/t to file response to pet/rev is granted.   Resp is due n/l/t 3pm, December 2, 2009.  no further reqs will be considered.  mailbox rule dna.
10/29/2009Motion for Extension of Time to File Response  RSP's unopposed second motion for extension of time to file response (3) filed on behalf of Catarino Santillan, et al.
10/28/2010Miscellaneous Motion  Motion for leave to file oral argument submission form and to allow three counsel to sit at counsel table (2) filed on behalf of Catarino Santillan.
10/28/2010Oral Argument Submission Form from Attorney received  OA submission for submitted by respondent attorney Jason C. N. Smith of Law Offices of Art Brender of Fort Worth, TX
10/22/2010Miscellaneous motion disposed. See Remarks.Filing granted motion for leave granted
10/20/2010Letter Filed  Letter clarifies that motion is only requesting that Mr. Hall be allowed to serve as the third speaker for petitioners (1) filed on behalf of Yadranko Ducic, M.D.
10/18/2010Oral Argument Submission Form from Attorney received  OA Submission form submitted by petitioner attorney for Yadranko Ducic, M.D., by David L. Pratt and Randy J. Hall of Decker Jones of Fort Worth, TX
10/18/2010Phone call from Clerk's Office  Call made to petitioner#2 attorney David Pratt regarding Motion for Leave for additional counsel to argue; asked him to clarify his request regarding additional counsel; Mr. Pratt is going to send a supplement to his motion via letter
10/18/2010Miscellaneous Motion  Motion for Leave Oral Argument Submission Form (2) filed on behalf of Yadranko Ducic, M.D.
10/07/2011Mandate issued  Mandate & Cost Bill Issued
09/30/2011Motion for Rehearing - DisposedDenied
09/28/2009Motion for Extension of Time disposed.Filing granted M/e/t to file response to pet/rev is granted.   Resp is due n/l/t 3pm, October 28, 2009.  further reqs will be disfavored.  mailbox rule dna.
09/25/2009Motion for Extension of Time to File Response  Unopposed m/e/t to file response to petitions for review.  On behalf of Catarino Santillan. (3)
09/17/2010Oral Argument Submission Form from Attorney received  OA submission form submitted by petitioner attorney Michael A. Yanof of Stinnett Thiebaud & Remington L.L.P. of Dallas
08/28/2009Supreme Court of Texas Requested Response  Requested responses to both petitions for review due n/l/t 3:00 p.m. on 9/28/09; mlbx rule d/n/a
08/27/2010Case set for oral argumentCase set for oral argument Set for oral argument on November 9, 2010 @ 9 a.m.; time allotted to argue: 20/20 minutes
08/27/2010Case set for oral argumentCase set for oral argument Set for oral argument on November 9, 2010 @ 9 a.m.; time allotted to argue: 20/20 minutes
08/27/2010Petition for Review granted 
08/27/2010Petition for Review disposedFiling granted
08/27/2010Petition for Review granted 
08/27/2010Petition for Review disposedFiling granted
08/05/2011Motion for Extension of Time to File Motion for Rehearing disposedFiling granted Petitioner Yadranko Ducic, M.D.'s Motion to Extend Time to file Motion for Rehearing granted.  Motion for Rehearing filed by both petitioners was filed on 8/1/11.
08/01/2011Case forwarded to Court 
08/01/2011Motion for Extension of Time to File Motion for Rehearing  E-FILED  Petitioner Yadranko Ducic, M.D.'s Motion to Extend Time to file Motion for Rehearing. (HARD COPIES REC'D)
08/01/2011Motion for Rehearing  E-FILED  Motion for Rehearing filed on behalf of BOTH Petitioners, Tyler Scoresby, M.D. and Yadranko Ducic, M.D. (HARD COPIES REC'D)
07/21/2009Case forwarded to Court 
07/21/2009Case forwarded to Court 
07/19/2010Reply Brief  Petitioner 2 Yadranko Ducic, M.D.'s Reply Brief on the Merits. (12)
07/19/2010Phone call from Clerk's Office  Requested electronic copy of brief.
07/19/2010Reply Brief  Reply brief on the merits (12) filed on behalf of Tyler Scorseby, M.D.
07/10/2009Appendix Filed  Appendix attached to PFR #2.
07/10/2009Petition for Review #2  On behafl of Yadranko Ducic, M.D. (12)
07/02/2010Brief on the Merits  Response brief on the merits (12) filed on behalf of Catarino Santillan, et al.
07/01/2011Motion for leave to file brief disposedFiling granted Motion for Leave to File Santillan's Second Post Submission Brief granted
07/01/2011Opinion issuedIssued
07/01/2011Court approved judgment sent to attorneys of recordIssued
07/01/2011Dissenting opinion issued.Issued
07/01/2011Concurring Opinion issued.Issued
07/01/2011Opinion issuedCourt of appeals' judgment affirmed
06/17/2009Appendix Filed  attached to petition
06/17/2009Petition for Review  PFR appendix attached (12) filed on behalf of Tyler Scoresby, M.D.
06/15/2010Motion for Extension of Time disposed.Filing granted Responent's brief is due no later than 3pm, July 2, 2010.  Reply brief is due no later than 3pm, July 19, 2010.  no further requests will be considered.  mailbox rule does not apply
06/10/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file Respondent's Brief on the Merits. On behalf of Catarino Santillan. (3)
05/05/2010Motion for Extension of Time disposed.Filing granted Responent's brief is due no later than 3pm, June 2, 2010.  Reply brief is due no later than 3pm, June 17, 2010.  further requests will be disfavored.  mailbox rule does not apply
05/04/2010Motion for Extension of Time to File Brief filed  Unopposed motion for extension of time to file brief on the merits (3) filed on behalf of Catarino Santillan.
04/13/2011Post submission brief filed  E-FILED  Second Post-Submission Brief filed on behalf of Catarino Santillan. HARD COPIES RECEIVED
04/13/2011Motion for leave to file brief  E-FILED Motion for Leave to File Santillan's Second Post Submission Brief filed on behalf of Catarino Santillan.
04/13/2010Phone call from Clerk's Office  To Mr. David Pratt's office and spoke to Stephanie, his asst.  Informed her about the electronic copy that they need to submit.  She said that they will take care of it.
04/13/2010Phone call from Clerk's Office  to Andrea Cramer, Scoresby's lead counsel assistant. RE: to inform her that she needs to resubmit the electronic copy of petitioner's brief on the merits.  I explained that it needs to be an unscanned and searchable version. Left msg.
04/12/2010Brief on the Merits  Pet#2, Yadranko Ducic, M.D.,'s brief on the merits. (orig & 11)
04/09/2010Brief on the Merits  Petitioner 1, Tyler Scoresby, M.D.'s brief on the merits. (12)
03/17/2010Case Record Filed   INVENTORY IN MAIN REMARKS SECTION
03/16/2010Record Requested in Case 
03/12/2010Brief on the Merits Ordered  Brief on the merits requested:  Pet br due n/l/t 3:00 p.m. on 4/12/10; Rsp br due 5/3/10; Reply br due 5/18/10; mlbx rule d/n/a
01/07/2010Motion for Extension of Time disposed.Filing granted 4th m/e/t to file responses to pet/revs is granted.  Responses were filed in this office on January 6, 2010.
01/06/2010Response to Petition  "Response to two petitions for review"  INCORPORATED TOGETHER (12) filed on behalf of Catarino Santillan.
01/06/2010Response to Petition  Response to two petitions for review INCORPORATED TOGETHER (12) filed on behalf of Catarino Santillan, et al.
01/06/2010Motion for Extension of Time to File Response  RSP's unopposed fourth motion to extend time (4) filed on behalf of Catarino Santillan, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
11/02/2011Case StoredCase stored.G02 Row 19 I-1 (2 vols)
Parties
Party▲▼Party Type▲▼Representative▲▼
Scoreby, M.D., TylerPetitioner 1Ms. Philipa M. Remington
Mr. Michael Alan Yanof
Santillan, CatarinoRespondentMr. Art Brender
Mr. Jason C.N. Smith
Mr. Eric Rene Reyes
Ducic, M.D., YadrankoPetitioner 2Mr. Randy J. Hall
Mr. David Leon Pratt II
Court of Appeals Information:
Dismiss WOJ 
287 SW3d 319, 04-30-09 
2nd Court of Appeals 
Honorable William Carl 'Bill' Meier 
Trial Court Information
96th District Court 
Tarrant 
Honorable Roger Jeffrey "Jeff" Walker 
96-228335-08