Supreme Court

Case: 10-0495    
10-0495
06/30/2010
Petition for Writ of Mandamus
IN RE ESPING MARITAL DEDUCTION TRUST NO. 2; WP & HE ESPING CHILDREN'S TRUST; W & H ESPING 2000 FAMILY TRUST; WPE KIDS PARTNERS, L.P.; WP & HEATHER H. ESPING CHILDREN'S TRUST 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
07/13/2010Additional citations received.Relator Additional Cites: Wehrle v. Total Petrochemicals USA, Inc., 2006 WL 1237273 (E.D. Mo. 2006). On behalf of Esping Marital Deduction Trust No. 2, et al. (12)
07/12/2010Reply to Petition for Writ of MandamusRelator Reply in support of Petition for Writ of Mandamus (incorporated w/Response to Motion to Dismiss).  On behalf of Esping Marital Deduction Trust No. 2, et al.
07/12/2010Appendix FiledReal Parties in Interest Appendix B to Motion to Dismiss and Response to Petition for Writ of Mandamus, Vol I - III (12 copies of each).  On behalf of Bluff Power Partners, LP.
07/12/2010Response to Petition for Writ of Mandamus FiledReal Parties in Interest Real Party in Interest Bluff Power Partners, LP.'s Response to Petition for Writ of Mandamus (incorporated w/motion to dismiss). (12)
07/01/2010Additional citations received.Relator Letter from relator, Esping Marital Deduction Trust, calling the Court's attention to an additional authority not cited in rel's pet/writ of mandamus:  Dean Witter Reynolds v. Byrd, 470 U.S. 213 (1985) (copy attached) (orig & 11)
06/30/2010Appendix FiledRelator attached to petition
06/30/2010Petition for Writ of Mandamus filedRelator Mandamus appendix attached (12) filed on behalf of Esping Marital Deduction Trust No. 2, et al.
Case Events
Date▲▼Event Type▲▼Disposition▲▼RemarksDocument
09/22/2010Case Stored  G02 Row 17 H-1
08/11/2010Phone call from Clerk's Office  second replied via email to relator counsel Mr. Gilbreath to request the electronic version of reply to response to mandamus.
07/23/2010Phone call from Clerk's Office  replied via email to relator counsel Mr. Gilbreath to request the electronic version of reply to response to mandamus.
07/13/2010Document filed (see remarks)  (12) copies of opinion cited attached to letter filed by Relator Esping Marital Deduction Trust No. 2, et al. on July 12, 2010.
07/13/2010Additional citations received.  Additional Cites: Wehrle v. Total Petrochemicals USA, Inc., 2006 WL 1237273 (E.D. Mo. 2006). On behalf of Esping Marital Deduction Trust No. 2, et al. (12)
07/13/2010Supplement to Clerk's/Reporter's Record  Real Party in Interest Bluff Power Partners, LP.'s supplemental record. (12)
07/12/2010Petition for Writ of Mandamus disposedDenied
07/12/2010Motion to Stay DisposedDenied Emergency motion for temporary stay denied
07/12/2010Motion to dismiss disposedDenied Motion to Dismiss denied
07/12/2010Response to Motion filed  Response to Motion to Dismiss (incorporated w/Reply in support of Petition for Writ of Mandamus ).  On behalf of Esping Marital Deduction Trust No. 2, et al.
07/12/2010Reply to Petition for Writ of Mandamus  Reply in support of Petition for Writ of Mandamus (incorporated w/Response to Motion to Dismiss).  On behalf of Esping Marital Deduction Trust No. 2, et al.
07/12/2010Supplement to Clerk's/Reporter's Record  Relators' Supplmental Record filed on behalf of Esping Marital Deduction Trust No. 2, et al. (1)
07/12/2010Reply to Response to Motion  Relators' Reply in support of Emergency Motion for Temporary Stay. On behalf of Esping Marital Deduction Trust No. 2, et al. (12)
07/12/2010Certification (various) in case received  Certificate of Conference to Motion to Dismiss (in form of a letter because counsel noticed that it was not included in the motion). On behalf of Bluff Power Partners, LP. (12)
07/12/2010Response to Motion filed  Real Party in Interest Bluff Power Partners, LP.'s Response to Emergency Motion for Temporary Stay. (12)
07/12/2010Appendix Filed  Appendix B to Motion to Dismiss and Response to Petition for Writ of Mandamus, Vol I - III (12 copies of each).  On behalf of Bluff Power Partners, LP.
07/12/2010Motion to dismiss  Real Party in Interest Bluff Power Partners, LP.'s Motion to Dismiss (incorporated w/Response to Petition for Writ of Mandamus ). (12)
07/12/2010Response to Petition for Writ of Mandamus Filed  Real Party in Interest Bluff Power Partners, LP.'s Response to Petition for Writ of Mandamus (incorporated w/motion to dismiss). (12)
07/01/2010Additional citations received.  Letter from relator, Esping Marital Deduction Trust, calling the Court's attention to an additional authority not cited in rel's pet/writ of mandamus:  Dean Witter Reynolds v. Byrd, 470 U.S. 213 (1985) (copy attached) (orig & 11)
06/30/2010Phone call from Clerk's Office  Call made to Michael Kaeske's office requesting response to motion and petition due 7/9/10
06/30/2010Supreme Court of Texas Requested Response  Requested response to petition for writ of mandamus and motion for temporary stay due no later than 3:00 p.m. on 7/9/10; mailbox rule does not apply.  Email is acceptable with hard copies to follow.
06/30/2010Motion to Stay Filed   Emergency motion for temporary stay (2) filed on behalf of Esping Marital Deduction Trust No. 2, et al.
06/30/2010Appendix Filed  attached to petition
06/30/2010Petition for Writ of Mandamus filed  Mandamus appendix attached (12) filed on behalf of Esping Marital Deduction Trust No. 2, et al.
Calendars
Set Date▲▼Calendar Type▲▼Reason Set▲▼Remarks▲▼
09/22/2010Case StoredCase stored.G02 Row 17 H-1
Parties
Party▲▼Party Type▲▼Representative▲▼
Esping Marital Deduction Trust No. 2RelatorMr. Lawrence J. Friedman
Mr. Robert B. Gilbreath
Mr. Royce B. West
Mr. James S. Bell
Mr. Michael Lewis Gaubert
Mr. John Augustine Sopuch III
Mr. W. Carter Boisvert
Mr. James R. Krause
Wetland Partners, LPReal Party in Interest Mr. Brad Jackson
McManemin, William CaseyOther interested party Mr. John E. Sullivan
Hall, G. HoustonOther interested party Mr. Clay Lewis Jenkins
Bluff Power Partners, LPReal Party in Interest Mr. Timothy S. Perkins
Mr. Michael L. Kaeske
Mr. Paul Theodore Stoinoff II
Mr. Terry L. Jacobson
Ms. Georganna L. Simpson
Mr. Jeremy Martin
Hall, Jr., Wallace L.Real Party in Interest Ms. Lisa Blue
WF Investments, Inc.Real Party in Interest Mr. Christopher Scott Hamilton
Court of Appeals Information:
Denied 
___ SW3d ___, 06-22-10 
5th Court of Appeals 
Honorable Mary L. Murphy 
Trial Court Information
44th District Court 
Dallas 
Honorable Carlos Raul Cortez 
09-15690-B