| Date▲▼ | Event Type▲▼ | Disposition▲▼ | Remarks | Document |
| 11/24/2010 | Brief on the Merits Ordered | |
Briefs on the merits requested: Appellant brief due no later than 3:00 p.m. on 12/27/10; Appellee's brief due 1/18/11; Reply brief due 2/2/11; mailbox rule does not apply
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| 11/24/2010 | Case set for oral argument | Case set for oral argument |
Set for submission on 3/1/11 @ 9 a.m.; time allotted to argue: 20/20 minutes
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| 11/24/2010 | Certified Question accepted | |
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| 11/24/2010 | Certified Question disposed | Certified Question accepted |
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| 11/16/2010 | Notice requesting filing fee | |
Sent fee request to all parties.
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| 11/16/2010 | Document filed (see remarks) | |
(1) Brief of Appellants Gregorio B. Villarreal, et al. and (1) Brief of Appellee David W. Showalter, both briefs filed in US Court of Appeals for the 5th Circuit Case no. 09-40912.
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| 11/16/2010 | Docketing statement filed | |
Docketing statement submitted by 5th Circuit (on behalf of Gregorio Villarreal, et al). (12)
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| 11/16/2010 | Certified Question filed | |
Certified question filed by the 5th Circuit Court of Appeals on behalf of Gregorio Villarreal, et al. (11)
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| 04/20/2011 | Case Stored | |
Row 19 A-3
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| 03/02/2011 | Certified Question disposed | Filing dismissed as moot |
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| 03/02/2011 | Motion to dismiss disposed | Filing granted |
Motion to Dismiss for Lack of Subject Matter Jurisdiction granted
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| 03/01/2011 | Order received from another court - see remarks | |
Order of the Fifth Circuit regarding case no. 09-40912, Gregorio Villarreal, et al. v. Trustee David W. Showalter, granting Appellee and Appellants' Motions to Dismiss the Appeal as Moot.
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| 02/28/2011 | Phone call from Clerk's Office | |
Call made to parties to let them know the oral argument set for 3/1/11 has been cancelled; motion to dismiss remains pending
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| 02/28/2011 | Phone call from Clerk's Office | |
Call made to the Fifth Circuit Court to find out if the motion to dismiss filed with them on 2/18/11 has been ruled on; Motion remains pending
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| 02/23/2011 | Phone call from Clerk's Office | |
Call made to appellant attorney's office; spoke with paralegal, Michelle Garza, to request response to motion to dismiss due no later than 3:00 p.m. on 2/25/11; mailbox rule does not apply
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| 02/23/2011 | Supreme Court of Texas Requested Response | |
Requested response to motion to dismiss due no later than 3:00 p.m. on 2/25/11; mailbox rule does not apply.
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| 02/23/2011 | Notice of Appearance | |
Notice of Appearance of Joshua R. Leal for the purpose of representing appellee David W. Showalter, Trustee in the place of Ms. Willi. Updated in CMS. (1)
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| 02/23/2011 | Motion to dismiss | |
Motion to Dismiss for Lack of Subject Matter Jurisdiction. On behalf of David Showalter. (2)
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| 02/17/2011 | Phone call from Clerk's Office | |
Call made to appellee's attorney, Josh Leal, who says a motion to dismiss will be sent to the Fifth Circuit and to our Court no later than Monday.
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| 02/17/2011 | Phone call from Clerk's Office | |
Call made to Connie at the 5th Circuit Court who says no motion to dismiss has been filed via mail or electronically; Connie says she did have emails from counsel saying the appellee is now going to file motion to dismiss in their Court; contacted Mr. Cheatham and left a voicemail regarding motion to dismiss to the 5th Circuit Court - left voicemail
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| 02/16/2011 | Phone call from Clerk's Office | |
Per the Clerk, call made to 5th Circuit Court to see if appellant's motion to dismiss has been filed. Per the deputy clerk, no motion has been e-filed. Another call made to appellant attorney Mr. Villeda's office. Paralegal, Ms. Garza, stated the motion to dismiss had been mailed. 5th Circuit only accepts e-files. Ms. Garza said she will call our office to let us know when the motion to dismiss is e-filed with the 5th Circuit.
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| 02/15/2011 | Phone call from Clerk's Office | |
to Mr. Villeda (Ant's lead counsel) & Ms. Willi (Ape's lead counsel). RE: to inquire status of $75 filing fee required each party to pay. Spoke w/Mr. Villeda and he is going to send his $75 filing fee via regular mail. Left message to Ms. Willi and requested a call back.
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| 02/15/2011 | Phone call from Clerk's Office | |
Call made to Tony Villeda to check on status of motion to dismiss; Mr. Villeda's office sent off the motion to dismiss yesterday and will email it to the Court today.
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| 02/08/2011 | Phone call from Clerk's Office | |
Call made to appellant attorney Tony Villeda regarding status of motion to dismiss that were to be filed last week. Mr. Villeda says he will get back to us on Friday to see when we can expect the motion.
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| 01/28/2011 | Phone call from Clerk's Office | |
BH called attorney for Trustee Showalter to tell her that the Clerk's Office received information that the case is moot and should be dismissed. Left a message asking her to call back.
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| 01/28/2011 | Phone call from Clerk's Office | |
BH spoke to the appellants' attorney, Mr. Villeda. Mr. Villeda stated that a motion to dismiss would be filed today by appellate attorney Chris Cheatum. BH sent an e-mail to both Mr. Villeda and Mr. Cheatum emphasizing the importance of filing a motion to dismiss as soon as possible, as well as informing the 5th Circuit that the case should be dismissed.
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| 01/25/2011 | Phone call from Clerk's Office | |
Mr. Villeda informed the Court that the case has been dismissed at the 5th Circuit, and that he will file a motion to dismiss via email and regular mail.
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